9 December 2009
Dear Councillor,
In pursuance of the provisions of the Local Government Act, 1993 and the Regulations thereunder, notice is hereby given that an ORDINARY MEETING of Penrith City Council is to be held in the Council Chambers, Civic Centre, 601 High Street, Penrith on Monday 14 December 2009 at 7:00PM.
Attention is directed to the statement accompanying this notice of the business proposed to be transacted at the meeting.
Yours faithfully
Barry Husking
Acting General Manager
BUSINESS
1. LEAVE OF ABSENCE
Leave of absence has been granted to:
Councillor Kath Presdee - 13 December 2009 to 16 December 2009 inclusive.
2. APOLOGIES
3. CONFIRMATION OF MINUTES
Ordinary Meeting - 30 November 2009.
4. DECLARATIONS OF INTEREST
Pecuniary Interest (The Act requires Councillors who declare a pecuniary interest in an item to leave the meeting during discussion of that item)
Non-Pecuniary Conflict of Interest – Significant and Less than Significant (The Code of Conduct requires Councillors who declare a significant non-pecuniary conflict of interest in an item to leave the meeting during discussion of that item)
5. ADDRESSING THE MEETING
6. MAYORAL MINUTES
7. NOTICES OF MOTION
8. ADOPTION OF REPORTS AND RECOMMENDATION OF COMMITTEES
Penrith Valley Community Safety Partnership Meeting - 25 November 2009.
Access Committee Meeting - 2 December 2009.
Local Traffic Committee Meeting - 7 December 2009.
Policy Review Committee Meeting - 7 December 2009.
9. DELIVERY PROGRAM REPORTS
10. URGENT REPORTS (to be dealt with in the delivery program to which the item relates)
11. QUESTIONS WITHOUT NOTICE
12. COMMITTEE OF THE WHOLE
ADVANCE AUSTRALIA FAIR
Australians all let us rejoice,
For we are young and free;
We’ve golden soil and wealth for toil;
Our home is girt by sea;
Our land abounds in nature’s gifts
Of beauty rich and rare;
In history’s page, let every stage
Advance Australia Fair.
In joyful strains then let us sing,
Advance Australia Fair.
Beneath our radiant Southern Cross
We’ll toil with hearts and hands;
To make this Commonwealth of ours
Renowned of all the lands;
For those who’ve come across the seas
We’ve boundless plains to share;
With courage let us all combine
To Advance Australia Fair.
In joyful strains then let us sing,
Advance Australia Fair.
Monday 14 December 2009
table of contents
seating arrangements
meeting calendar
confirmation of minutes
report and recommendations of committees
DELIVERY program reports
Statement of Recognition of Penrith City’s
Aboriginal and Torres Strait Islander
Cultural Heritage
Council values the unique status of Aboriginal people as the original owners and custodians of lands and waters, including the land and waters of Penrith City.
Council values the unique status of Torres Strait Islander people as the original owners and custodians of the Torres Strait Islands and surrounding waters.
We work together for a united Australia and City that respects this land of ours, that values the diversity of Aboriginal and Torres Strait Islander cultural heritage, and provides justice and equity for all.
PRAYER
“Sovereign God, tonight as we gather together as a Council we affirm that you are the giver and sustainer of life. We come together as representatives of our community to make decisions that will benefit this city and the people within it.
We come not in a spirit of competition, not as adversaries, but as colleagues. Help us to treat each other with respect, with dignity, with interest and with honesty. Help us not just to hear the words we say, but also to hear each others hearts. We seek to be wise in all that we say and do.
As we meet, our concern is for this city. Grant us wisdom, courage and strength.
Lord, help us. We pray this in the name of Jesus Christ our Lord. Amen.”
For members of the public
addressing the meeting
Council
Chambers
Group Managers
Seating Arrangements
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Group Managers
2009 MEETING CALENDAR
February 2009 - December 2009
(adopted by Council 8/09/08 and amended by Council 6/4/09)
|
TIME |
FEB |
MAR |
APRIL |
MAY |
JUNE |
JULY |
AUG |
SEPT |
OCT |
NOV |
DEC |
Mon |
Mon |
Mon |
Mon |
Mon |
Mon |
Mon |
Mon |
Mon |
Mon |
Mon |
||
Ordinary Council Meetings |
7.30 pm |
2 |
|
6 |
4v |
|
20 |
3 |
7ü |
12 |
9 |
14 |
23 |
23 |
|
25 |
29* |
|
24 |
28^ |
|
30 |
|
||
Policy Review Committee |
7.30 pm |
|
9 |
|
|
15 |
13 |
|
14@ |
19 |
|
7 |
16#+ |
30@ |
27 |
18# |
|
27 |
17 |
|
21 |
16# |
|
# Meetings at which the Management Plan 1/4ly reviews are presented |
^ Election of Mayor/Deputy Mayor (meeting to commence at 7:00 pm) |
< Briefing to consider Draft Management Plan for 2009/2010 |
@ Strategic Program progress reports [only business] |
v Meeting at which the Draft Management Plan is adopted for exhibition |
ü Meeting at which the 2008/2009 Annual Statements are presented |
* Meeting at which the Management Plan for 2009/2010 is adopted. |
Y Management Plan Councillor Briefings/Public Forum (June) |
|
|
- Council’s Ordinary Meetings are held on a three-week cycle where practicable.
- Extraordinary Meetings are held as required.
- Policy Review Meetings are held on a three-week cycle where practicable.
- Members of the public are invited to observe meetings of the Council (Ordinary and Policy Review Committee). Should you wish to address Council, please contact the Public Officer, Glenn McCarthy on 4732 7649.
OF THE ORDINARY MEETING OF PENRITH CITY COUNCIL HELD IN THE
COUNCIL CHAMBERS
ON MONDAY 30 NOVEMBER 2009 AT 7:39PM
NATIONAL ANTHEM
The meeting opened with the National Anthem.
STATEMENT OF RECOGNITION
His Worship the Mayor, Councillor Kevin Crameri OAM read a statement of recognition of Penrith City’s Aboriginal and Torres Strait Islander Cultural Heritage.
PRAYER
The Council Prayer was read by the Acting Executive Officer, Glenn Schuil.
PRESENT
His Worship the Mayor Councillor Kevin Crameri OAM, Councillors Jim Aitken OAM, Kaylene Allison, Robert Ardill, Greg Davies, Mark Davies, Tanya Davies, Ross Fowler OAM, Ben Goldfinch, Prue Guillaume, Marko Malkoc, Karen McKeown, Kath Presdee and John Thain.
LEAVE OF ABSENCE
PRC 399 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor John Thain that Leave of Absence be granted for Councillor Jackie Greenow for the period 30 November 2009 to 11 December 2009 inclusive. |
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APOLOGIES |
There were no apologies. |
CONFIRMATION OF MINUTES - Ordinary Meeting - 9 November 2009 |
400 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Prue Guillaume that the minutes of the Ordinary Meeting of 9 November 2009 be confirmed, with the amendment showing Councillor John Thain being recorded as voting For the Motion in the first 3 Divisions called in Item 5 Report and Recommendations of the Policy Review Committee meeting held on 21 October, 2009. |
DECLARATIONS OF INTEREST
Councillor Marko Malkoc declared a Pecuniary Conflict of Interest – in Item 2Outstanding issues relating to the public exhibition of draft Penrith Local Environmental Plan 2008 and Item 5 Proposed amendments to draft Penrith Local Environmental Plan 2008 as his Uncle owns land in the Capitol Hill Estate.
Councillor Ben Goldfinch declared a Pecuniary Conflict of Interest –in Item 2 Outstanding issues relating to the public exhibition of draft Penrith Local Environmental Plan 2008 and Item 5 Proposed amendments to draft Penrith Local Environmental Plan 2008 as he has relatives who own property in the areas covered by the reports. Councillor Ben Goldfinch stated he would leave the meeting and take no part during discussion on these items.
Councillor Ben Goldfinch also declared a Pecuniary Interest in Item 19 - Development Application DA09/0024 Proposed Demolition of Existing Dwelling and Construction of a Detached Dual Occupancy at Lot 1 DP 23031 (No. 82) Nepean Avenue, Penrith. Applicant: N F Billyard Pty Ltd; Owner: Kristie Lyn Pate DA09/0024 as he is a Director of a company that provides services to the applicant. Councillor Ben Goldfinch stated he would leave the meeting and take no part during discussion on these items.
Councillor Robert Ardill declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 2 Outstanding issues relating to the public exhibition of draft Penrith Local Environmental Plan 2008 and Item 5 Proposed amendments to draft Penrith Local Environmental Plan 2008 as he works in the pharmaceutical industry and is required to make contact with his clients in this industry as a part of his employment who are affected by the bulky goods zoning issues.
Councillor Ross Fowler OAM declared a Pecuniary Interest in Item 2 Outstanding issues relating to the public exhibition of draft Penrith Local Environmental Plan 2008, Item 4 Results of the public exhibition of amended planning provisions for Twin Creeks estate, Luddenham, Item 5 Proposed amendments to draft Penrith Local Environmental Plan 2008 and Item 6 Proposed changes to draft Amendment No 1 to Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation) as he is a property owner or a shareholder in a property; a director or secretary of companies that are property owners; or an auditor or accountant for clients who are property owners in the areas under consideration.
Councillor Ross Fowler OAM also declared a Pecuniary Interest in Item 19 - Development Application DA09/0024 Proposed Demolition of Existing Dwelling and Construction of a Detached Dual Occupancy at Lot 1 DP 23031 (No. 82) Nepean Avenue, Penrith. Applicant: N F Billyard Pty Ltd; Owner: Kristie Lyn Pate DA09/0024 as the Applicant is a client of his. Councillor Ross Fowler OAM stated he would leave the meeting and take no part during the discussion on these items.
Councillor Jim Aitken OAM declared a Pecuniary Interest in Item 2 Outstanding issues relating to the public exhibition of draft Penrith Local Environmental Plan 2008, Item 4 Results of the public exhibition of amended planning provisions for Twin Creeks estate, Luddenham, Item 5 Proposed amendments to draft Penrith Local Environmental Plan 2008 and Item 6 Proposed changes to draft Amendment No 1 to Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation) as he owns / has an interest in property covered by the reports.
Councillor Jim Aitken OAM also declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 3 Outstanding issues from the public exhibition of draft Amendment No. 1 to Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation) as the report relates to heritage issues.
Councillor Jim Aitken OAM also declared Pecuniary Interest –in Item 18- Development Application DA09/0369 Proposed Apartments comprising 11 x 2 Bedroom Units at Lot 27 Sec F & Lot 28 Sec F DP 978488 (No. 7 - 9) Lemongrove Road, Penrith. Applicant: Devcon Partners P/L; Owner: David John Reeves and James Ashley Aitken DA09/0369 as he is the owner of the property.
Councillor Jim Aitken OAM also declared Pecuniary Interest –in Item 22- Development Application DA09/0670 Variation of Restrictive Covenant and Construction of a Single Storey Dwelling and Garage Lot 8 DP 1115288 (No. 348) Littlefields Road, Mulgoa. Applicant: Mr. J Prgomelja; Owner: Mr. J Prgomelja DA09/0670 as he is a Director of a Company that sold this property.
Councillor Greg Davies declared a Pecuniary Interest in Item 3 Outstanding issues from the public exhibition of draft Amendment No. 1 to Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation) and Item 6 Proposed changes to draft Amendment No 1 to Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation) as he had exchanged voting preferences with one of the property owners at the last Penrith City Council local government election.
Councillor Kath Presdee declared a Non-Pecuniary Conflict of Interest – Less than Significant in Report and Recommendations of the Policy Review Committee meeting held on 16 November, 2009 - Item 2 – Penrith City Children’s Services Cooperative Ltd as she is a member of the Werrianda Children’s Centre Parent Advisory Committee.
Councillor Kath Presdee also declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 21 Development Application DA09/0809, DA09/0811 and DA09/0812 for the Stage 1A, 1B and 1C Residential Subdivisions in the Western Precinct of the St Marys Release Area at Lot 2 DP 1132380, (No. 1070 - 1274) The Northern Road, Llandilo. Applicant: Maryland Development Company; Owner: St Marys Land Ltd DA09/0809 DA09/0811 DA09/0812 as she resides in a suburb adjacent to the area in the report.
Councillor Kaylene Allison declared a Pecuniary Interest in Item 2 Outstanding issues relating to the public exhibition of draft Penrith Local Environmental Plan 2008, Item 3 Outstanding issues from the public exhibition of draft Amendment No. 1 to Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation), Item 5 Proposed amendments to draft Penrith Local Environmental Plan 2008 and Item 6 Proposed changes to draft Amendment No 1 to Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation) as she had exchanged preferences with one of the property owners at the last local government election and also her Uncle owns land in Kemps Creek. Councillor Kaylene Allison stated she would leave the meeting and take no part during discussion of these items.
His Worship the Mayor Councillor Kevin Crameri OAM declared a Pecuniary Interest in Item 2 Outstanding issues relating to the public exhibition of draft Penrith Local Environmental Plan 2008 and Item 5 Proposed amendments to draft Penrith Local Environmental Plan 2008. His Worship the Mayor Councillor Kevin Crameri OAM stated he would leave the meeting and take no part during discussion on the item.
His Worship the Mayor Councillor Kevin Crameri OAM also declared a Non-Pecuniary Conflict of Interest – Less than Significant in Item 21 Development Application DA09/0809, DA09/0811 and DA09/0812 for the Stage 1A, 1B and 1C Residential Subdivisions in the Western Precinct of the St Marys Release Area at Lot 2 DP 1132380, (No. 1070 - 1274) The Northern Road, Llandilo. Applicant: Maryland Development Company; Owner: St Marys Land Ltd DA09/0809 DA09/0811 DA09/0812 as he owns property in an adjacent area to that covered by the report. His Worship the Mayor Councillor Kevin Crameri OAM stated he reserves his right to take part in discussion on this item.
SUSPENSION OF STANDING ORDERS |
401 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor John Thain that Standing Orders be suspended to allow members of the public to address the meeting, the time being 7:45pm. |
Mr Ron Mulock
Item 2 – Outstanding issues relating to the public exhibition of draft Penrith Local Environmental Plan 2008
Mr Ron Mulock, applicant’s spokeperson, spoke against the recommendation raising points concerning agricultural uses, and the minimum lot sizes for dual occupancy in Capitol Hill. Mr Mulock acknowledged agricultural use rights are now included in the draft LEP for the property known as 19-105 Capitol Hill Drive, Mount Vernon. Mr Mulock also requested that Council amend subclause (9) Secondary Dwellings of Clause 5.4 Controls relating to miscellaneous permissible uses, increasing the permissible size of a secondary dwelling from 10% to 20% of the total floor area of both the self contained dwelling and the principal dwelling.
Mr Tony Agostino
Item 2 – Outstanding issues relating to the public exhibition of draft Penrith Local Environmental Plan 2008
Mr Tony Agostino, a landowner, spoke in opposition to the recommendation. Mr Agostino requested that the decision be deferred to allow for a response from the local member of parliament, as he has an appeal currently before the NSW court of Appeal.
Ms Lorraine Debono
Item 5 – Proposed amendments to draft Penrith Local Environmental Plan 2008
Ms Lorraine Debono, affected person spoke in opposition to the recommendation on behalf of her family and other residents of Llandilo and Londonderry and expressed her and other residents concern with the proposed Environmentally Sensitive Land Hatching and the impact this may have on the value of her property. Ms Debono stated that when her property was purchased there were no restrictions on her section 149 certificate.
Ms Phyllis Jones
Item 5 – Proposed amendments to draft Penrith Local Environmental Plan 2008
Ms Phyllis Jones, affected person spoke in opposition to the recommendation and reiterated as in her previous submissions that the property was only a church for 40 years, and has been a residence since the late 1940s. Ms Jones indicated that there has been a lot of structural work carried out in the conversion from a church to a residence. Ms Jones claimed that interest from potential buyers in her property has been affected by the possible heritage listing.
Mr Scott Greenow
Item 3 – Outstanding issues from the public exhibition of draft Amendment No. 1 to Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation)
Councillor Mark Davies left the meeting, the time being 8:02pm.
Councillor Mark Davies returned to the meeting, the time being 8:04pm.
Mr Scott Greenow, affected person spoke in opposition to the recommendation and provided reasons why 16 & 18 Pages Road, St Marys should not be heritage listed. Mr Greenow questioned how the heritage assessments carried out can be taken as fact, when they had failed to accurately describe materials used to construct the properties and further more asked why neither heritage assessment explained how the construction date was arrived at. Mr Greenow spoke of the cost of owning a heritage item and the restrictions that are placed on owners of a heritage property, and also enquired as to how the Pages Road properties can be listed, when a similar property in 55 Brougham Street, Emu Plains is not. Mr Greenow concluded that out of a total of 22 questions submitted to Council on the 21 October 2009 only 7 were responded to by Council’s staff. Mr Greenow stated that the response to these questions did not allow enough time for a heritage consultant to prepare a full heritage assessment however information was provided after a thorough inspection had been carried out by a heritage consultant.
Mr Graham McKee
Item 4 – Results of the public exhibition of amended planning provisions for Twin Creeks estate, Luddenham
Mr Graham McKee, affected person spoke in opposition of the recommendation and requested Councillors amend the resolution to include the land in Area C and to increase the number of lots. Mr McKee outlined a brief history of the exhibition and subdivision development application and also the benefits of including the subject area for rezoning. Mr McKee concluded by highlighting the opportunity to benefit a single landholder without adversely affecting Twin Creeks or other residents.
Mr Noel Billyard
Item 19 – Development Application DA09/0024 Proposed Demolition of Existing Dwelling and Construction of a Detached Dual Occupancy at Lot 1 DP 23031 (No. 82) Nepean Avenue, Penrith. Applicant: N F Billyard Pty Ltd; Owner: Kristie Lyn Pate DA09/0024
Mr Noel Billyard, applicant spoke in opposition of the recommendation and questioned the flooding information for which was the basis of refusal for the application and why it had not been provided within the report. Mr Billyard spoke about the site being in an area which has had continuous development similar to their proposal and his application has been refused on new flood information which has not been provided, despite requests and requested this information be provided and the item deferred..
Mr Arthur Ilias
Item 21 – Development Application DA09/0809, DA09/0811 and DA09/0812 for the Stage 1A, 1B and 1C Residential Subdivisions in the Western Precinct of the St Marys Release Area at Lot 2 DP 1132380, (No. 1070 - 1274) The Northern Road, Llandilo. Applicant: Maryland Development Company; Owner: St Marys Land Ltd DA09/0809 DA09/0811 DA09/0812
Mr Arthur Ilias, applicant, spoke in support of the recommendation and outlined how Council’s approval of the Western Precinct demonstrates a strong commitment to sustainability, environmental issues, and socially responsible and economically viable outcomes, consistent with Council’s Sustainability Blueprint. Mr Ilias stated that their ecological consultant and Council’s independent consultant concluded that the proposals are not likely to have a significant effect on the identified ecological communities, and that while some trees will be removed, it must be remembered that 60% of the site will be preserved for conservation purposes.
Mr Matthew Hazell
Item 21 – Development Application DA09/0809, DA09/0811 and DA09/0812 for the Stage 1A, 1B and 1C Residential Subdivisions in the Western Precinct of the St Marys Release Area at Lot 2 DP 1132380, (No. 1070 - 1274) The Northern Road, Llandilo. Applicant: Maryland Development Company; Owner: St Marys Land Ltd DA09/0809 DA09/0811 DA09/0812
Mr Matthew Hazell, affected person, spoke in opposition of the recommendation and asked for a definition of what a Collector Road is as indicated on the maps sent to him. Mr Hazell also asked Council to consider the infrastructure needs that will be required with the associated development of this area, such as street lighting, parking and public transport. Mr Hazell concluded by asking what will happen with the native wildlife in the area.
Mr Geoff Brown
Item 2 - Outstanding issues relating to the public exhibition of draft Penrith Local Environmental Plan 2008; Item 5 - Proposed amendments to draft Penrith Local Environmental Plan 2008; Item 21 - Development Application DA09/0809, DA09/0811 and DA09/0812 for the Stage 1A, 1B and 1C Residential Subdivisions in the Western Precinct of the St Marys Release Area at Lot 2 DP 1132380, (No. 1070 - 1274) The Northern Road, Llandilo. Applicant: Maryland Development Company; Owner: St Marys Land Ltd DA09/0809 DA09/0811 DA09/0812 and; Item 23 - Draft Cumberland Plain Recovery Plan
Mr Geoff Brown, affected person spoke in opposition of the recommendation to a number of items. Mr Brown discussed environmental issues due to the inadequate zonings in the LEP and also highlighted that the LEP is inconsistent with the Cumberland Plain Recovery Plan. Mr Brown also asked why the ADI site Development Application allows destruction of the CPW and why Council didn’t get the Cumberland Ecology reports peer reviewed when assessing the Precinct Plans. Mr Brown requested Council to defer the Deerubin Business Plan to Stage 2 of the LEP.
RESUMPTION OF STANDING ORDERS |
402 RESOLVED on the MOTION of Councillor Prue Guillaume seconded Councillor Greg Davies that Standing Orders be resumed, the time being 8:31pm. |
Councillor Mark Davies left the meeting, the time being 8:32pm
Councillor Mark Davies returned to the meeting, the time being 8:36pm.
Mayoral Minutes
1 Penrith recognised for excellent water management |
403 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Ross Fowler OAM that the Mayoral Minute on Penrith recognised for excellent water management be received. Councillor Ross Fowler OAM congratulated Council’s staff for achieving Council’s aims in water management. |
2 Penrith City celebrations a great success |
404 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Jim Aitken OAM that the Mayoral Minute on Penrith City celebrations a great success be received. |
3 Councillor Greenow recognised for service to community |
405 RESOLVED on the MOTION of Councillor Kevin Crameri OAM seconded Councillor Ross Fowler OAM that the Mayoral Minute on Councillor Greenow recognised for service to community be received. |
Councillor Ross Fowler OAM advised the Council that he had attended the Western Sydney Academy of Sport Awards night on behalf of the Mayor on 28 November 2009. Councillor Fowler OAM advised that Ms Jessica Fox was awarded a scholarship. Councillor Fowler OAM presented a plaque that Council received from the Academy of Sport in appreciation of Council’s support of the Academy’s athletes.
Reports of Committees
1 Report and Recommendations of the Policy Review Committee meeting held on 16 November, 2009 |
406 RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Ross Fowler OAM that the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 16 November, 2009 be adopted, with the amendment to Councillor Kath Presdee’s declaration of interest to read “Werrianda” Children’s Centre Parent Advisory Committee. |
Procedural Motion
His Worship the Mayor, Councillor Kevin Crameri OAM indicated that Item 26 - Penrith Valley Cultural Precinct - Progress Report should be considered prior to the consideration of Item 1 - 2009-10 Operational Plan - September Quarter Review, because the former report details the variations that have been incurred during the construction of the Penrith Valley Cultural Precinct.
407 RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Tanya Davies that Item 26 - Penrith Valley Cultural Precinct - Progress Report be brought forward. |
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DELIVERY PROGRAM REPORTS
A LIVEABLE CITY
26 Penrith Valley Cultural Precinct - Progress Report |
408 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Marko Malkoc That: 1. The information contained in the report on Penrith Valley Cultural Precinct - Progress Report be received. 2. A S96 application be submitted to address a shortfall in parking from the approved plans as a result of project changes and site constraints. |
A Leading City
1 2009-10 Operational Plan - September Quarter Review |
409 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Ross Fowler OAM That: 1. The information contained in the report on 2009-10 Operational Plan - September Quarter Review be received. 2. The 2009-10 Operational Plan Review as at 30 September 2009, including the revised estimates identified in the recommended budget, be adopted. 3. The recommended consolidation of Services and changes to Service names in the report be adopted. 4. Rates Abandonments of $176,000 for 2009-2010 be written off 5. The “Traffic and Parking Management” service be renamed to “Traffic Management, Parking and Road Safety” service. |
Comment from Director – Craig Butler
The Darug Tribal Aboriginal Corporation has a land claim. This covers a very extensive area and includes lands within Penrith. The claim was lodged in 1997 and is yet to be determined.
Late last week a letter was received from a third party. The letter, which is from the Darug Tribal Aboriginal Corporation, claims that native title has not been adequately considered in preparing and advancing the draft LEP.
Council’s officers have previously consulted with the Corporation on at least three occasions and this point has not been made by the Corporation. Based upon our experience and understanding of the EP&A Act, we believe due process has been followed in the preparation of the draft LEP.
If Council adopts the recommendations this evening, there are drafting changes to be made to the Plan before it can be sent to the Minister for Planning for it to be made. This will allow time to further examine the Corporation’s assertions and to confer with the Department of Planning.
I have circulated to the Councillors a draft recommendation which I feel will provide the Council with comfort that the Plan will not be advanced to the Minister without our current view on this matter being corroborated.
Procedural Motion
His Worship the Mayor, Councillor Kevin Crameri OAM indicated that Items, 2,3,4,5,6 will be dealt with in the following order, 2,5,3,6,4 to assist with managing Councillors Pecuniary Interest in these reports.
410 RESOLVED on the MOTION of Councillor Kath Presdee seconded Councillor Prue Guillaume that Items 2,3,4,5,6 be dealt with in the following order 2,5,3,6,4. |
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Having previously declared a Pecuniary Interest in Item 2 Outstanding issues relating to the public exhibition of draft Penrith Local Environmental Plan 2008 and Item 5 Proposed amendments to draft Penrith Local Environmental Plan 2008., His Worship the Mayor Councillor Kevin Crameri OAM called for nominations from the Councillors to chair the meeting.
411 RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Greg Davies that Councillor John Thain Chair the meeting for Items 2 & 5. |
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Councillor John Thain Chair then indicated that he wished to speak during discussion of Item 5 Proposed amendments to draft Penrith Local Environmental Plan 2008 and would vacate the chair when Item 5 was considered.
His Worship the Mayor called for nominations from the Councillors to chair the meeting during the discussion of Item 5 Proposed amendments to draft Penrith Local Environmental Plan 2008.
412 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Kath Presdee that Councillor Karen McKeown Chair the meeting for the discussion of Item 5. |
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Having previously declared an interest, His Worship the Mayor, Councillor Kevin Crameri OAM left the meeting, the time being 9:06pm.
Having previously declared an interest the following Councillors left the meeting the time being 9:06pm.
Councillor Ross Fowler OAM.
Councillor Jim Aitken OAM.
Councillor Marko Malkoc.
Councillor Ben Goldfinch.
Councillor Kaylene Allison.
Councillor John Thain took the Chair for consideration of Item 2, the time being 9:07pm.
2 Outstanding issues relating to the public exhibition of draft Penrith Local Environmental Plan 2008 |
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413 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Tanya Davies That: 1. The information contained in the report on Outstanding issues relating to the public exhibition of draft Penrith Local Environmental Plan 2008 be received. 2. The recommendations included in the Attachment to this report be adopted with the following amendments: Submission No 448; 2075-2113 The Northern Road and 1-29 Bradley Street, Glenmore Park. Delete the proposed amended recommendation: “That the land zoned E4 along The Northern Road, Glenmore Park be deferred from the draft Plan and reinserted into draft Local Environmental Plan 2010 (Stage 2) without a change in the zoning” and insert “That the land located at 2075-2113 The Northern Road and 1-29 Bradley Street, Glenmore Park be deferred from the draft Plan and reviewed as part of draft Local Environmental Plan 2010 (Stage 2)”. Submission No 659; 19-105 Capitol Hill Drive, Mount Vernon Insert “Proposed Recommendation: Include the land located at 19-105 Capitol Hill Drive, Mount Verno n in Schedule 1: Additional Permitted Uses, of the draft Penrith Local Environmental Plan 2008 with the additional permitted use of ‘Agriculture’.
3. That the comments of the Director be noted and should it be subsequently determined by the Director that further communication be required with applicants to a current native title claim then that communication be put in place and if required the matter be remitted back to Council. 4. Delete subclause (6) from Clause 6.9 Dual occupancy and secondary dwellings in certain rural and environmental zones, of draft Penrith Local Environmental Plan 2008; and 5. Insert objectives into Clause 6.9 Dual occupancy and secondary dwellings in certain rural and environmental zones, of draft Penrith Local Environmental Plan 2008, that will ensure the protection of waterways and the amenity of neighbouring lots through the treatment and retention of all effluent on-site.
In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:
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5 Proposed amendments to draft Penrith Local Environmental Plan 2008 Having previously stated that he wished to speak to this Item, Councillor John Thain vacated the Chair. Councillor Karen McKeown took the Chair for consideration of this item, the time being 9:21pm. |
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414 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Robert Ardill That: 1. The information contained in the report on Proposed amendments to draft Penrith Local Environmental Plan 2008 be received. 2. The changes to the written instrument and maps of draft Penrith Local Environmental Plan 2008 shown in Attachment 1 be made. 3. Following the changes, draft Penrith Local Environmental Plan 2008 be forwarded to the Minister for Planning under section 68 of the Environmental Planning and Assessment Act, with a request that the Minister make the plan. 4. The following Additional Permitted Uses be included in Schedule 1: “Submission No. 659; 19-105 Capitol Hill Drive, Mount Vernon List ‘agriculture’ as an additional permissible use for this site”. 5. The wording in Schedule 2 - Rural Truck Keeping be amended from “two trucks or Plant” to read “ two trucks and associated plant”. 6. The proposed listing of 34-36 Preston Street, Jamisontown (the former Holy Trinity Church) as a heritage item is deferred to Stage 2 of the Local Plan process to allow for the review of its heritage significance. 7. That the comments of the Director be noted and should it be subsequently determined by the Director that further communication be required with applicants to a current native title claim then that communication be put in place and if required the matter be remitted back to Council. 8. Delete subclause (6) from Clause 6.9 Dual occupancy and secondary dwellings in certain rural and environmental zones, of draft Penrith Local Environmental Plan 2008; and 9. Insert objectives into Clause 6.9 Dual occupancy and secondary dwellings in certain rural and environmental zones, of draft Penrith Local Environmental Plan 2008, that will ensure the protection of waterways and the amenity of neighbouring lots through the treatment and retention of all effluent on-site. 10. The recommendations included in the Attachment to this report be adopted with the following amendments: Submission No 448; 2075-2113 The Northern Road and 1-29 Bradley Street, Glenmore Park. Delete the proposed amended recommendation: “That the land zoned E4 along The Northern Road, Glenmore Park be deferred from the draft Plan and reinserted into draft Local Environmental Plan 2010 (Stage 2) without a change in the zoning” and insert “That the land located at 2075-2113 The Northern Road and 1-29 Bradley Street, Glenmore Park be deferred from the draft Plan and reviewed as part of draft Local Environmental Plan 2010 (Stage 2).” Submission No 659; 19-105 Capitol Hill Drive, Mount Vernon Insert “Proposed Recommendation: Include the land located at 19-105 Capitol Hill Drive, Mount Verno n in Schedule 1: Additional Permitted Uses, of the draft Penrith Local Environmental Plan 2008 with the additional permitted use of ‘Agriculture’. In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:
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His Worship the Mayor, Councillor Kevin Crameri OAM, returned to the meeting and took the Chair the time being 9:28pm.
The following Councillors returned to the meeting the time being 9:28pm:
Councillor Marko Malkoc
Councillor Ben Goldfinch
Having previously declared a Pecuniary Interest, Councillor Greg Davies left the meeting the time being 9:29pm.
3 Outstanding issues from the public exhibition of draft Amendment No. 1 to Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation) |
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A MOTION was MOVED by Councillor Robert Ardill seconded Councillor Ben Goldfinch That: 1. The information contained in the report on Outstanding issues from the public exhibition of draft Amendment No. 1 to Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation) be received. 2. House Numbers 14, 16 and 18 Pages Rd, St Marys, be retained in Schedule 1 of draft Amendment 1 to Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation). 415 An AMENDMENT was MOVED by Councillor John Thain seconded Councillor Karen McKeown That: 1. The information contained in the report on Outstanding issues from the public exhibition of draft Amendment No. 1 to Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation) be received. 2. The proposed listing of 14, 16 and 18 Pages Rd, St Marys, as heritage items be deferred to Stage 2 of the Local Plan process.
On being PUT to the meeting, the AMENDMENT was CARRIED and becoming the MOTION was also CARRIED.
In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:
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His Worship the Mayor, Councillor Kevin Crameri OAM exercised his casting vote as Mayor to carry the motion.
6 Proposed changes to draft Amendment No 1 to Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation) |
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416 RESOLVED on the MOTION of Councillor John Thain seconded Councillor Kath Presdee That: 1. The information contained in the report on Proposed changes to draft Amendment No 1 to Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation) be received. 2. The changes and corrections listed in this report be made to draft Amendment No.1 to Local Environmental Plan 1991 (Environmental Heritage Conservation). 3. Following the changes, draft Amendment No.1 to Local Environmental Plan 1991 (Environmental Heritage Conservation), (except for any amendments arising from the changes to the Standard Instrument) be forwarded to the Department of Planning with a request that the Minister make the plan. 4. That the comments of the Director be noted and should it be subsequently determined by the Director that further communication be required with applicants to a current native title claim then that communication be put in place and if required the matter be remitted back to Council. 5. The proposed listing of 14, 16 and 18 Pages Rd, St Marys, as heritage items be deferred to Stage 2 of the Local Plan process. In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:
His Worship the Mayor, Councillor Kevin Crameri OAM exercised his casting vote as Mayor to carry the motion.
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Councillor John Thain left the meeting, the time being 9:47pm.
The following Councillors returned to the meeting, the time being 9:48pm:
Councillor Jim Aitken OAM
Councillor Greg Davies
Councillor Kaylene Allison
4 Results of the public exhibition of amended planning provisions for Twin Creeks estate, Luddenham |
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417 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Mark Davies That: 1. The information contained in the report on Results of the public exhibition of amended planning provisions for Twin Creeks estate, Luddenham be received. 2. The Environmentally Sensitive Land Map be modified to include land immediately surrounding the areas of land zoned E2 Environmental Conservation in the south east of the site. 3. Schedule 1 be amended into make hotel and motel accommodation, neighbourhood shops, recreation facilities (outdoor) and strata subdivision of the approved resort development permissible with consent. 4. The provisions for Twin Creeks, as amended, be reinserted into draft Penrith Local Environmental Plan 2008 before it is forwarded to the Department of Planning to be made by the Minister. In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:
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Councillor Ross Fowler OAM returned to the meeting, the time being 9:48pm.
7 2009 National General Assembly of Local Government |
418 RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Greg Davies 1. That the information contained in the report on 2009 National General Assembly of Local Government be received. 2. Council support the adopted amendments to our motion as referred to in the report. |
8 Tender Reference 27-09/10 for the Manufacture, Supply and installation of Office Workstations and loose furniture for Civic Centre Extensions |
419 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Marko Malkoc That: 1. The information contained in the report on Tender Reference 27-09/10 for the Manufacture, Supply and installation of Office Workstations and loose furniture for Civic Centre Extensions be received. 2. A contract for the Manufacture, Supply and installation of office workstations and associated loose furniture including dismantling and removal of existing work stations be awarded to Zenith Interiors Pty Ltd for the lump sum cost of $546,124 (excluding GST). 3. Any savings on completion of the project be returned to the Council’s Property Reserve. |
9 Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors |
420 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Marko Malkoc That: 1. The information contained in the report on Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors be received 2. Council adopt the Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors. 3. Council forward a copy of the Council’s adopted Policy on the Payment of Expenses and Provision of Facilities to Mayor, Deputy Mayor and Councillors to the DLG.
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10 Copenhagen Climate Change Conference 2009 |
421 RESOLVED on the MOTION of Councillor Karen McKeown seconded Councillor Tanya Davies That the information contained in the report on Copenhagen Climate Change Conference 2009 be received. |
11 Summary of Investments and Banking as at 31 October 2009 |
422 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Karen McKeown That: 1. The information contained in the report on Summary of Investments and Banking as at 31 October 2009 be received. 2. The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 October 2009 to 31 October 2009 be noted and accepted. 3. The graphical investment analysis as at 31 October 2009 be noted.
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A City of Opportunities
12 2009 Community Assistance Program Planned Component |
423 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Ben Goldfinch That: 1. The information contained in the report on the 2009 Community Assistance Program Planned Component be received. 2. Council approve funding the recommended projects and amounts totalling $39,261 from the Planned Component of the 2009 Community Assistance Program as outlined in Table 2 in this report.
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14 Contracts of Employment for Senior Staff |
424 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Tanya Davies That the information contained in the report on Contracts of Employment for Senior Staff be received.
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15 Seniors Week 2010 |
425 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Tanya Davies That: 1. The information contained in the report on Seniors Week 2010 be received. 2. Council provide Seniors Week Grants to the value of $6,500 to 14 local community organisations to celebrate Seniors Week 2010, as outlined in the report.
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16 Tender 14-08/09 for the Supply & Delivery of Child Care Consumables |
426 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Tanya Davies That: 1. The information contained in the report on Tender 14-08/09 for the Supply & Delivery of Child Care Consumables be received. 2. The tender received from Abcoe Distributors Pty Ltd be accepted and a unit price contract be awarded for an initial period of 1 year with an option to extend the agreement for a further 2x1 year periods subject to satisfactory performance and with provision for rise and fall.
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Councillor John Thain returned to the meeting the time being 9:56pm.
13 Mayoral Forum - Housing Opportunities for Older People |
427 RESOLVED on the MOTION of Councillor Ross Fowler OAM seconded Councillor Jim Aitken OAM that the information contained in the report on Mayoral Forum - Housing Opportunities for Older People be received.
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A Green City
17 ICLEI World Congress and Study Tour Councillor Robert Ardill left the meeting, the time being 9:59pm. Councillor Robert Ardill returned to the meeting, the time being 10:00pm. |
428 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Karen McKeown that the information contained in the report on ICLEI World Congress and Study Tour be received. |
18 Development Application DA09/0369 Proposed Apartments comprising 11 x 2 Bedroom Units at Lot 27 Sec F & Lot 28 Sec F DP 978488 (No. 7 - 9) Lemongrove Road, Penrith. Applicant: Devcon Partners P/L; Owner: David John Reeves and James Ashley Aitken DA09/0369 Having previously declared a Pecuniary Interest Councillor Jim Aitken OAM left the meeting, the time being 10:01pm. |
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429 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Ross Fowler OAM That: 1. The information contained in the report on Development Application No. 09/0369 Proposed Apartments comprising 11 x 2 Bedroom Units at Lot 27 Sec F & Lot 28 Sec F DP 978488 (No. 7-9) Lemongrove Road Penrith be received. 2. Development Application No.09/0369 be approved subject to the following deferred commencement condition: 2.1 Deferred commencement condition A full set of revised stormwater drainage plans that correspond with the current set of architectural plans is to be submitted to Council for consideration and approval within six (6) months from the date of this decision prior to the issue of an operational consent
In addition, the revised stormwater drainage plans are to reflect the changes shown on the plan prepared by Australian Consulting Engineers, job number 09AH078, drawing number D02 (Revision C) as amended in red
3. Development Application No.09/0369 be approved subject to the following conditions of consent subject to demonstrated compliance to Council’s satisfaction with the deferred commencement condition: 3.1 Standard conditions A001 – Plans A008 – Works to BCA requirements A009 – Residential works DCP A011 – Engineering works DCP Construction A014 – Lot consolidation A019 – Occupation Certificate A038 – Lighting locations A039 – Removal of graffiti A046 – Construction Certificate B001 – Demolition of existing buildings on Lots 27 and 28 Sec F DP 978488 B002 – AS for demolition and disposal to approved landfill site B003 – Asbestos B004 – Dust B005 – Mud/soil B006 – Hours of work D001 – Erosion and sediment D002 – Spray grass D009 – Waste Management Plan D010 – Appropriate disposal of waste E01A – BCA compliance for Class 2-9 E002 – BCA issues to be addressed § Details for the carpark ventilation are required in accordance with Clause F4.11; § Details of the separating walls to indicate compliance with Part F5 and Specification C1.1 are required; § Details of the construction of the store rooms under the basement stairs are required in accordance with Clause D2.8; and § Details of the method of protecting the openings in the external walls less than 3 metres from the side boundaries are required in accordance with Clause C3.4 E009 – Annual fire safety/essential fire safety F006 – Rainwater tank & nuisance G003 – Section 73 Certificate G004 – Integral Energy H001 – Stamped plans and erection of site notice H002 – All forms of construction H003 – Traffic safety during construction H011 – Engineering plans and specifications H015 – Termites H022 – Survey (slab level) H024 – Glass installations AS 1288 H036 – Rainwater tank (as amended) H037 – Safe supply of water (as amended) H038 – Connection of rainwater tank H039 – Rainwater tank pumps H041 – Hours of work I003 – Roads Act Approval 1 (b) Provision of a heavy-duty gutter crossing 7.4m wide (e) Provision of a heavy-duty vehicular footway crossing 6.0m wide (f) Repair of damaged concrete footpath 1.2m wide in Lemongrove Road for full property frontage (g) Reinstatement of redundant gutter and vehicular crossings (h) Opening of the road reserve for the provision of services including stormwater (i) Placing of hoardings, containers, waste skips, etc. in the road reserve (k) Replacement of damaged kerb and gutter for the full property frontage K002 – WAE K025 – All land required for vehicular access and parking is to be concreted or sealed with a bituminous pavement K027 – Car parking (13 spaces) L001 – General landscaping L002 – Landscape construction L003 – Report requirement (Implementation and one-year only) L005 – Planting of plant materials L006 – AS requirements L010 – Retain existing trees N001 – Section 94 Contributions for Footpath Construction N002 – Section 94 Contributions for Cultural Facilities N003 – Section 94 Contributions for Local Open Space N004 – Section 94 Contributions for District Open Space P001 – Applicants cost P002 – Prior to the issue of a Construction Certificate, all fees associated with Penrith City Council-owned land and infrastructure shall be paid to Council. These fees include Road Opening fees and Infrastructure Restoration fees Q01F –Notice of commencement and appointment of PCA Q006 – Occupation Certificate (delete after NSW Fire Brigades)
Special conditions
3.2 An on-site detention system shall be provided to restrict stormwater discharges from the site to pre-development flows. The system is to provide for all storms up to and including the 1% AEP event. In addition, a positive covenant shall be registered on the site for the on-site detention system before an Occupation Certificate is issued for the development Engineering details and supporting calculations for the on-site detention system are to be prepared by a qualified Hydrologic/Hydraulic Engineer and is to accompany the Construction Certificate application for the development in the form of an Engineering Construction Certificate
{Note: If Penrith City Council is the Certifying Authority for the Construction Certificate for the entire development on the site, the Construction Certificate application fee shall include the fee for the On-Site Detention System.}
On-site detention system levels are critical and should be carefully checked prior to construction to ensure they are built in accordance with approved plans and will have the required volume of storage
Submission of WAE plans On completion of the on-site detention system, Works-As-Executed (WAE) plans, prepared by a registered surveyor or the design engineer, are to be submitted to the Principal Certifying Authority. If Penrith City Council is not the Principal Certifying Authority, a copy of the WAE plans is to be submitted to Council prior to occupation. The WAE plans are to be certified by the designer of the system and are to clearly make reference to: · the works having been constructed in accordance with the approved plans, and · the actual storage volume and orifice size provided, and · any variation to the approved design and required remedial works, and · the anticipated performance of the system with regard to the design intent
Registration of Positive Covenant Before an Occupation Certificate is issued for the development, a positive covenant shall be registered on the property for the on-site detention system in the following terms:
For the purposes of the positive covenant:
· “structure and works” shall mean the on-site detention system constructed on the land as set out and detailed on the plans being drawing No [insert reference] revision [insert reference] prepared by [insert reference] and dated [insert reference of the last date on the plans] approved by [insert certifiers name] under Development Consent No [insert reference] approved by Penrith City Council on [insert reference], including all gutters, pipes, drains, walls, kerbs pits, grates, tanks, chambers, basins and surfaces designed to temporarily detain stormwater on the land
· ‘the Act” means the Conveyancing Act 1919
The registered proprietors covenant with the Council of the City of Penrith (Council) that they will maintain and repair the structure and works on the land in accordance with the following terms and conditions:
(a) The registered proprietor will: · Keep the structure and works clean and free from silt, rubbish, debris and other pollutants · Maintain and repair at the sole expense of the registered proprietors the whole of the works, including all structures, so that the on-site detention system functions in a safe and effective manner in accordance with the design intent
(b) For the purpose of ensuring observance of the covenant, Council may by its servants or agents at any reasonable time and upon giving the person against whom the covenant is enforced not less than 2 days notice (but at any time without notice in the case of an emergency), enter the land and view the state of construction, maintenance or repair of the structure and works on the land
(c) By written notice Council may require the registered proprietors to attend any matter and carry out such work within such time as the Council may require to ensure the proper and efficient performance of the structure and works and to that extent 88F(2)(a) of the Act is hereby agreed
(d) Pursuant to Section 88F(3) of the Act, Council shall have the following additional powers pursuant to this covenant: i. In the event that the registered proprietor fails to comply with the terms of any written notice issued by the Council as set out above, the Council or its authorised agents may enter the land with all necessary equipment and carry out any work which Council in its discretion considers reasonable to comply with the said notice referred to in (c) hereof ii. Council may recover from the registered proprietor in a court of competent jurisdiction: · Any expense reasonable incurred by it in exercising its powers under subparagraph (a) hereof. Such expense shall include reasonable wages for Council’s own employees engaged in effecting the said work, supervising the said work and administering the said work together with costs, reasonably estimated by the Council, for the use of machinery, tools and equipment in conjunction with the said work · Legal costs on an indemnity basis for the issue of the notices and recovery of the costs and expenses together with the costs and expenses of registration of a covenant charge pursuant to Section 88F of the Act or providing any certificate required pursuant to Section 88G of the Act or obtaining any injunction pursuant to Section 88H of the Act
(e) This covenant shall bind all persons who claim under the registered proprietors as stipulated in Section 88E(5) of the Act 3.3 All verge areas are to be turfed for the full width from back of kerb to property boundary at the completion of the works 3.4 An Engineering Construction Certificate for the provision of engineering works (on-site-detention system) is to be approved by the certifying authority. Engineering design drawings are to be prepared strictly in accordance with Penrith Development Control Plan 2006 Part 2.3 Engineering Works and the Guidelines for Engineering Works for Subdivisions and Developments Part 1 – Design 3.5 Basement entry ramp levels are to be raised sufficiently above existing top of kerb levels so to prevent inundation of the basement carpark in extreme rainfall events. Details are to be submitted to the Certifying Authority for approval prior to the issue of a Construction Certificate 3.6 Entrances/exits to all units, communal spaces and any walkways shall be well lit to clearly illuminate these areas where people are most vulnerable. All lighting shall be vandal proof Lighting shall be contained within the property boundary and no lights shall be projected upwards. No lighting shall be projected in such a manner that it would create glare issues for vehicles or pedestrians Details demonstrating compliance with the above are to be submitted to council for consideration and approval prior to the issue of a Construction Certificate 3.7 In order to improve surveillance, provide clear lines of sight and avoid concealment areas in the public areas, vegetation with top to bottom foliage shall be avoided along proposed and existing footpaths and along the frontages of the site. Low ground cover or high canopied vegetation is to be planted in these locations 3.8 All buildings shall be clearly identified with unit/house numbers clearly visible to assist visitors and emergency services 3.9 For crime prevention purposes: · All walkways within the development are to be open and clear of potential entrapment spots and are to be clearly able to be viewed from building windows unhindered by vegetation or other obstructions · Access to common areas is to be limited to occupants and their authorised guests to ensure that the facilities do not provide excuse-making opportunities for unauthorised people entering the development · Entry to units is to be restricted to residents and authorised guests only · All rear access doors and windows are to be treated with dead locks and window locks to avoid vulnerable break and enter points · All doors to balcony/terrace areas (particularly ground floor) are to be secured and are not to reveal vulnerable break-and-enter points · The fencing proposed on the frontage of the property is to be maintained in perpetuity to be of see-through construction
3.10 Storage spaces located in the basement are to allow for filtered views to allow for passive surveillance 3.11 An amended landscape plan is to be provided to Council for assessment and approval prior to the issue of a Construction Certificate that: a) Accords with the architectural plans as amended; b) Accords with the conditions of this consent pertaining to landscaping; c) Demonstrates the drip line of proposed vegetation to be wholly within the property boundary of the subject proposal
3.12 To provide for a satisfactory, practical and accessible servicing of the site for the storage and collection of waste, the following is to be demonstrated in amended plans prior to the issue of a Construction Certificate: · There are to be two bin storage areas in the location shown on the plans, each having an internal dimension of 3.6 metres in length and a depth of 0.8 metres. Individual bin storage areas are not supported for any of the proposed units; and · Details confirming the use of each bin storage area by an equal number of units such that each unit accesses the closest bin storage area
3.13 All carparking and manoeuvring areas associated with the subject development including driveways, access ramp grades & widths, circulating roadways, turn paths, sight distance requirements, overhead clearances for people with a disability, aisle widths, parking bay grades and parking bay dimensions (allowing for full door opening) shall be in accordance with AS 2890.1- 2004 and Council’s requirements. Full details demonstrating compliance must be submitted with the Construction Certificate 3.14 Car washing is not to occur on site including the basement 3.15 The car spaces provided within the basement are to be used by residents and visitors of the residents associated with the proposed development only as nominated. The use of car spaces for other purposes including leasing or sale for uses other than as residential car spaces for the respective units of the proposed development is not permitted 3.16 The car space identified as being used for “Unit 1/Disabled parking/Visitor” is not to be dedicated as a space for Unit 1. Unit 1 is to be located in one of the spaces marked as “Visitor”. This will allow for the use of the disabled car space at need, rather than by a particular unit 3.17 A bike rack is to be provided at a mutually convenient location for use by all residents and visitors to the site. Details of the location of this is to be provided with the Construction Certificate 3.18 To provide for increased accessibility, an amended ground floor plan is to be provided for consideration and approval prior to the issue of a Construction Certificate that demonstrated a reduced width of the balcony provided for Unit 6 such that a distance of 1.2 metres between the eastern elevation and the building is provided 3.19 A plan demonstrating all fencing proposed for the site is to be provided to Council for consideration and approval by Council’s Heritage Advisor prior to the issue of a Construction Certificate. This is to include heights and materials used that are consistent with Penrith Development Control Plan 2006 3.20 To provide for improved ground floor accessibility, ramped access within the communal corridor accessed from the entrance along the eastern elevation adjoining Unit 5 is to be provided at a grade and standard to accord with relevant accessibility requirements 3.21 To provide for a satisfactory, practical and accessible servicing of the site, the following is to be demonstrated in amended plans prior to the issue of a Construction Certificate: a) The communal letterbox is to be located in front of the front boundary fencing as amended in red on the plans; b) The gate to access the common area for tenants located on the front boundary is to open away from the bin storage area, contrary to that which is proposed; c) The right-of-way along the south western boundary of the property leading toward Unit 4 is to be removed; d) A small garden shed for units 3, 9, 4 and 5 is to be provided for storage of service equipment used for the maintenance of their respective courtyards areas; and e) The common rainwater tank is to be shown on the plans as referred in the BASIX Certificate
3.22 One antennae is to be provided for every five units. These antennae are to accord with Penrith Development Control Plan 2006 3.23 Clothing and/or other materials are not to be hung in courtyard areas including those located on the first floor such that they are able to be seen by others 3.24 The location and design of the sewer line on the site is to be approved by Sydney Water prior to the issue of a Construction Certificate and any works undertaken to their requirements 3.25 A dilapidation report of all Council owned infrastructure fronting the development in Lemongrove Road is to be submitted to Council prior to the commencement of construction. The report is to include, but not limited to, footpaths, kerb and gutter, pavement and street trees and is to extend 10m either side of the development 3.26 Prior to work commencing, the structural engineer shall carry out a dilapidation survey of the adjoining dwellings and submit a copy of the survey both to Council and the property owner On completion of the excavation, the structural engineer shall carry out a further dilapidation survey at the same adjoining properties and submit a copy of the survey both to Council and the property owner. 3.27 Prior to the issue of a Construction Certificate, an inspection fee is to be paid to Penrith City Council for all drainage works that are to be undertaken within the existing drainage easement at the rear of the development. All works are to be inspected and approved by Penrith City Council’s Development Engineering Unit prior to the connection of the site drainage system 3.28 Water storage areas must be in a common area. Where fencing is required it shall be child-proof pool style fencing including a self closing gate 3.29 To ensure vegetation located on adjoining properties is protected during construction, excavation is not permitted to occur in the tree protection zone. The removal of roots within 4 metres of the base of the tree trunk is not permitted. In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:
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Councillor Jim Aitken OAM returned to the meeting, the time being 10:02pm
Councillor Mark Davies declared a Non Pecuniary Conflict of Interest – Less than Significant in Item 19 as his brother in law is a contractor for a company that the owner of this property owns. Councillor Mark Davies indicated that he would remain in the meeting for discussion on the item but abstain from voting.
Councillor Tanya Davies declared a Non Pecuniary Conflict of Interest – Less than Significant in Item 19 as her brother is a contractor for a company that the owner of this property owns. Councillor Tanya Davies indicated that she would remain in the meeting for discussion on the item but abstain from voting.
Having previously declared a interest in this item Councillor Ross Fowler OAM left the meeting, the time being 10:03pm.
Having previously declared a interest in this item Councillor Ben Goldfinch left the meeting, the time being 10:03pm.
19 Development Application DA09/0024 Proposed Demolition of Existing Dwelling and Construction of a Detached Dual Occupancy at Lot 1 DP 23031 (No. 82) Nepean Avenue, Penrith. Applicant: N F Billyard Pty Ltd; Owner: Kristie Lyn Pate DA09/0024 |
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430 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Jim Aitken OAM that the item be deferred to allow further information discussed by the applicant to be provided in response to the matters raised by the applicant and that a further report be provided to the Council. In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:
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Councillor Ross Fowler OAM returned to the meeting, the time being 10:10pm.
Councillor Ben Goldfinch returned to the meeting, the time being 10:10pm.
20 Development Application DA09/1107 for the Construction of a New Howell Oval Cricket Pavilion in Penrith Park at Lot 2 DP 773983 (No. 143) Station Street, Penrith. Applicant: Penrith City Council; Owner: Department of Land and Water Conservation DA09/1107 |
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431 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Jim Aitken OAM That: 1. The information contained in the report on Development Application DA09/1107 for the Construction of a New Howell Oval Cricket Pavilion in Penrith Park at Lot 2 DP 773983 (No. 143) Station Street, Penrith be received. 2. Development Application DA09/1107 for the Construction of a New Howell Oval Cricket Pavilion in Penrith Park at Lot 2 DP 773983 (No. 143) Station Street, Penrith be approved subject to the following conditions: Standard Conditions 2.1 A001 Approved plans A008 Works to BCA requirements A012 Food shop A019 Occupation Certificate A026 Advertising signs A039 Graffiti A046 Obtain Construction Certificate before commencement of works B001 Demolition of existing structures B002 Australian Standard for demolition and disposal to approved landfill site B003 Asbestos B004 Dust B005 Mud/soil B006 Hours of demolition work D001 Implement approved sediment and erosion control measures D005 No filling without prior approval D006 Validation of fill material D007 Filling of land D009 Covering of waste storage area D010 Appropriate disposal of excavated or other waste D014 Plant and equipment noise E01A BCA compliance (Class 2-9) E002 BCA issues to be addressed E006 Disabled access and facilities E009 Annual fire safety F001 Food shop construction and plans F006 Water tank and nuisance G002 Section 73 G004 Integral Energy G005 Rainwater tank plumbing H001 Stamped plans and erection of site notice (Class 2-9) H002 Provision of site facilities prior to commencement of construction works H006 Implement waste management plan H025 Construction of garbage rooms H036 Rainwater tank H037 Safe supply of water from catchment H038 Connection of rainwater tank supply H039 Rainwater tank pumps H041 Hours of construction work K027 Car parking L001 Approved landscaping plans L002 Landscaping construction L003 Landscaping report requirements L005 Planting of plant material L006 Australian Standard landscaping requirements L008 Tree preservation order L010 Tree protection measures L012 Retain and maintain existing landscaping P001 Costs P002 Fees associated with Council land Q001 Notice of commencement and appointment of PCA Q006 Occupation Certificate Special Conditions 2.2 An “on-licence” liquor licence from the NSW Office of Liquor, Gaming and Racing shall be obtained prior to the commencement of the sale and consumption of alcohol from the premises 2.3 The club lounge is only to be used in conjunction with an organised event being held at Howell Oval where members of the public are attending other public areas of the oval 2.4 The development shall comply with the following community safety and CPTED (Crime Prevention Through Environmental Design) matters: (a) All buildings within the complex should be fitted with a back-to-base alarm monitoring system (b) A closed-circuit television (CCTV) system should be installed with coverage provided to key areas within the complex, including entry/exit points, club lounge and bar areas, car park areas and office areas (c) All doors and windows within the complex should be fitted with appropriate security locks and fittings to restrict access to unauthorised persons. This includes the club lounge and bar areas, kitchen, kiosk, toilets, player change rooms and the indoor training pavilion. A security swipe card system is recommended for this purpose (d) Toilet facilities should be securely locked when not in use (e) Entrances to toilet blocks should be highly visible with minimal screening to avoid potential entrapment and/or concealment opportunities (f) Toilet cubicle doors should open outward to allow access in an emergency. Doors should also have spring-opening hinges to allow doors to remain open when not in use (g) The rear of toilet doors should have hooks located half-way down the door to ensure that handbags cannot be accessed over the top of the door (h) There should be a gap between toilet doors and the floor and between toilet doors and the ceiling (i) The creation of areas where items such as drug paraphernalia can be hidden should be avoided (e.g. suspended ceilings) (j) Toilet fittings should be flush with walls to avoid tampering or stashing of items (k) All areas within the complex, including the grounds, pavilion and car park areas, should be well lit in accordance with relevant Australian Standards (l) All lighting should be vandal resistant where practical (m) Lighting should be consistent to reduce contrast between shadows and illuminated areas (n) Lighting should be contained within the property boundary and no light should be projected upwards (o) The car park areas should be well lit in accordance with Australian Standards. Vandal-proof lighting is recommended where practical (p) Landscaping in the car park areas should be minimal to maintain clear lines of sight and reduce entrapment opportunities (q) In order to improve surveillance, provide clear lines of sight and avoid concealment areas in public areas, dense vegetation and shrubs with top to bottom foliage should be avoided (r) Graffiti resistant paints/surfaces should be used on the external surfaces of the development to minimise opportunities for graffiti and vandalism (s) Sturdy, vandal resistant materials should be used for fixtures such as lighting, seating and bins to reduce the risk for graffiti (t) Any graffiti or malicious damage to the building should be reported to the Police and removed rapidly to discourage repeat incidents 2.5 A detailed landscape plan shall be submitted and approved prior to the issue of the Construction Certificate. The landscape plan shall include provision for screening of the proposed rainwater tanks where necessary 2.6 Vehicular access to and from Jamison Road and Mulgoa Road is denied for overflow event parking. All vehicular access to the overflow event parking area shall be via the track as indicated on the submitted event parking plan. In this regard, the overflow event car park shall be designed in such a way that prevents vehicle access to and from Jamison Road and Mulgoa Road, clearly directing vehicles to the access track circulating the oval 2.7 All formal car parking and manoeuvring shall be in accordance with AS 2890.1 (2004) and Council’s requirements. Accessible car spaces shall be located closest to the entrance to the building 2.8 The required sight lines to pedestrians and vehicles at the Station Street driveway entrance shall not be compromised by landscaping, signage, fencing or display materials 2.9 In order to ensure that the “green facade” to parts of the northern, eastern and western elevations of the cricket pavilion achieves the necessary growth and vigour to reduce heat gain and visual impact of the building and aid as a barrier to graffiti and vandalism, details of the proposed climber vine species and a maintenance plan shall be submitted and approved prior to the issue of the Construction Certificate 2.10 Each of the recommendations relating to the development contained in the Access Review dated 30 July 2009 prepared by Morris-Goding Accessibility Consulting shall be incorporated into the Construction Certificate plans for the development. Certification from a suitably qualified accessibility consultant stipulating that the recommendations have been satisfied shall be submitted prior to the issue of the Occupation Certificate 2.11 Each of the recommendations contained in the Arboricultural Assessment Report dated 31 July 2009 prepared by Lang Tree Management shall be implemented at the relevant stages of the development works. Leaf mulch shall be applied at 75mm thickness in tree protection areas 2.12 Approval is granted for the removal of Trees 1, 2 and 3 as identified in the Arboricultural Assessment Report dated 31 July 2009 prepared by Lang Tree Management. Super advanced mature replacement trees shall be planted in this location prior to the issue of the Occupation Certificate. Trees 4, 5 and 6 shall be retained and protected 2.13 No construction activities, including the storage of materials or parking of vehicles, are to be carried out under the canopy of any existing trees to be retained on the site 2.14 All civil works shall be designed and constructed in accordance with Penrith City Council’s Design and Construction Guidelines and Construction Specification for Civil Works and applicable Australian Standards 2.15 Any Construction Certificate issued by the Principal Certifying Authority or Certifying Authority shall incorporate plans and details for erosion and sediment control in accordance with the Department of Housing’s “Managing Urban Stormwater: Soils and Construction” 2004 2.16 A Construction Certificate shall be issued by a Certifying Authority to include the following civil works: (a) Stormwater drainage (b) Car park Civil drawings shall be prepared strictly in accordance with Penrith City Council’s Design and Construction Guidelines and Construction Specification for Civil Works and applicable Australian Standards 2.17 Stormwater drainage shall be discharged to: (a) The existing site drainage system The proposed stormwater drainage system shall be designed to ensure no adverse impact on adjoining properties by the diversion or concentration of stormwater flows. The proposed method of stormwater discharge shall be detailed in the Construction Certificate issued by the Certifying Authority 2.18 Prior to the issue of a Construction Certificate, the Certifying Authority shall ensure that vehicular access, pedestrian access, car parking and manoeuvring areas associated with the subject development are in accordance with AS 2890.1, AS 2890.2 and Penrith City Council’s Development Control Plan 2.19 Prior to the commencement of works on site, including approved clearing of site vegetation, erosion and sediment control measures shall be installed. The erosion and sediment control measures are to be installed in accordance with the approved erosion and sediment control plan(s) for the development and the Department of Housing’s “Managing Urban Stormwater: Soils and Construction” 2004 2.20 Erosion and sediment control measures shall remain in place and be maintained until all disturbed areas have been rehabilitated and stabilised 2.21 Prior to the connection of private drainage to Council’s drainage system, an inspection is to be carried out by Penrith City Council’s Development Engineering Unit. A fee will be charged in accordance with Council’s adopted fees and charges, and is to be paid prior to the inspection 2.22 All filling shall be undertaken in accordance with Penrith City Council’s Design and Construction Guidelines and Construction Specification for Civil Works and Australian Standard 3798 2.23 Prior to the issue of the Occupation Certificate, the Principal Certifying Authority shall ensure that all civil works have been satisfactorily completed in accordance with the Construction Certificate, Penrith City Council’s Design and Construction Guidelines and Construction Specification for Civil Works and relevant conditions of the development consent 2.24 Prior to the issue of the Occupation Certificate, a checklist and supporting documentation shall be submitted to the Principal Certifying Authority demonstrating that each condition of the development consent has been satisfactorily addressed 2.25 The Occupation Certificate shall not be issued until all conditions of consent, except those relating to ongoing operational matters, have been completed 2.26 An inspection from Council’s Environmental Health Department will be required prior to the operation of the development. The proprietor shall contact the Environmental Health Department at the appropriate time to organise an appointment for the inspection. In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:
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Councillor Mark Davies left the meeting, the time being 10:11pm.
Councillor Mark Davies returned to the meeting, the time being 10:12pm.
21 Development Application DA09/0809, DA09/0811 and DA09/0812 for the Stage 1A, 1B and 1C Residential Subdivisions in the Western Precinct of the St Marys Release Area at Lot 2 DP 1132380, (No. 1070 - 1274) The Northern Road, Llandilo. Applicant: Maryland Development Company; Owner: St Marys Land Ltd DA09/0809 DA09/0811 DA09/0812 |
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432 RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Ross Fowler OAM That: 1. The information contained in the report on Development Application DA09/0809, DA09/0811 and DA09/0812 for the Stage 1A, 1B and 1C Residential Subdivisions in the Western Precinct of the St Marys Release Area at Lot 2 DP 1132380, (No. 1070 - 1274) The Northern Road, Llandilo be received. 2. Development Application DA09/0809, DA09/0811 and DA09/0812 for the Stage 1A, 1B and 1C Residential Subdivisions in the Western Precinct of the St Marys Release Area at Lot 2 DP 1132380, (No. 1070 - 1274) The Northern Road, Llandilo be approved subject to the following conditions: Standard Conditions (Apply to all applications) 2.1 A001 Approved plans A005 Integrated approval authority’s consent A042 Asset protection zones in bush fire areas A044 Compliance with NSW Rural Fire Service GTAs A046 Obtain Construction Certificate before commencement of works B004 Dust B005 Mud/soil C003 Uncovering relics D001 Sediment and erosion control measures D002 Spray grass D005 No filling without prior approval D06A Validation of fill material D010 Appropriate disposal of excavated or other waste D013 Traffic noise and acoustic report D014 Plant and equipment noise G001 Installation of services and service clearances G002 Section 73 G004 Integral Energy clearance H01F Stamped plans and erection of site notice H002 Provision of site facilities prior to commencement of construction works H012 Site classification H041 Hours of construction work I003 Roads Act approval K001 Engineering Construction Certificate K009 On-site detention K035 Street signs K036 Maintenance bond K039 Road safety audit K040 Line marking and signposting K041 Road works K042 Undergrounding of services K043 Filling and earthworks K044 Service lead-ins K045 Works-as-executed plans for engineering works K046 Inspection report K047 Satisfactory completion of engineering works K048 Works-as-executed plans for on-site detention, stormwater treatment and overland flow K049 Restriction and positive covenant for on-site detention, stormwater treatment and overland flow K050 Conditions checklist to accompany Subdivision Certificate documentation K051 Maintenance of on-site detention and sediment and erosion control L001 Approved landscaping plans L002 Landscaping construction L003 Landscaping report requirements L005 Planting of plant material L006 Australian Standard landscaping requirements L007 Tree protection measures L009 Tree preservation order M001 Prior to subdivision work M007 Street lighting M008 Linen plan M009 88B Instrument M011 Soil testing M013 Street trees M014 Surveyors Certificate P001 Costs P002 Fees associated with Council land Q001 Notice of commencement and appointment of PCA Q008 Subdivision Certificate Special Conditions (apply to all applications unless specified) 2.2 Prior to the issue of a Construction Certificate, a targeted search of the site for the Cumberland Land Snail shall be undertaken and appropriate documentation shall be submitted and approved. This field work shall be undertaken and documented by a suitably qualified ecological consultant. If necessary, a translocation strategy prepared by the ecological consultant for the Cumberland Land Snail shall be submitted, approved and implemented prior to the issue of a Construction Certificate. Preparation of the translocation strategy shall include consultation with the Department of Environment, Climate Change and Water (DECCW) 2.3 The development shall be carried out in accordance with the procedures set out in the Western Precinct Contamination Management Plan and the conditions and procedures set out in the Site Audit Statements relating to the Western Precinct 2.4 The linen plan of subdivision is to be supported by an 88B instrument in accordance with Section 88B of the Conveyancing Act 1919 creating a positive covenant requiring that future dwellings on Lot 1001, Lots 1015 to 1018, Lot 1031 and Lots 1057 to 1060 be designed to achieve internal noise levels which do not exceed 55dB(A) during the day (7am to 10pm) and 50dB(A) at night (10pm to 7am). Certification that dwelling designs achieve these criteria shall be certified by a suitably qualified Building Assessor. Council shall be nominated as the only authority permitted to modify, vary or rescind such positive covenant (DA09/0809 and DA09/0811 only) 2.5 A 3m high acoustic barrier wall with associated landscaping shall be provided to the western (side) boundaries of Lot 1031 and Lot 1057. Detailed plans and specifications shall be submitted and approved prior to the issue of a Construction Certificate. The fencing and associated landscaping works shall be satisfactorily completed prior to the issue of a Subdivision Certificate (DA09/0809 and DA09/0811 only) 2.6 Building and Siting Guidelines (BSGs) for Stage 1A, 1B and 1C shall be submitted and approved prior to the issue of a Subdivision Certificate. The BSGs shall provide guidance to purchasers and builders regarding site planning and design, building materials and colours, fencing and landscaping to ensure quality housing forms will be achieved throughout the estate 2.7 The Village Park nominated in Stage 1A DA09/0809 (Village 1 Local Park) shall: · Be landscaped and embellished in accordance with the Village Park Concept Plan, Annexure 4A1 and 4B1 of the St Marys Penrith Agreement (as varied by Deed of Variation dated 19 May 2009) and Volume 2 (Landscape Maintenance and Handover Plan) of the Western Precinct Plan · Be dedicated to Council at no cost to Council. The dedication should occur in accordance with Annexure 4A1 and 4B1 of the St Marys Penrith Planning Agreement (as varied by Deed of Variation dated 19 May 2009) · Be maintained by the landowner (Delfin Lend Lease) for a period of 12 months prior to the handover to Council in accordance with Section 2.2(f)of the Landscape Maintenance and Handover Plan · Be handed over to Council at the completion of the contract maintenance period and the inspection of works by Council 2.8 The site is subject to the provisions of the St Marys Penrith Planning Agreement as amended. The applicant is reminded of the obligations under the Planning Agreement with regard to the delivery of certain infrastructure and services as part of the development of the Western Precinct. All works shall be carried out in accordance with the requirements of the St Marys Penrith Planning Agreement as amended 2.9 The site is subject to the provisions of the St Marys Development Agreement. The applicant is reminded of the obligations under the Development Agreement with regard to the delivery of certain infrastructure and services as part of the development of the Western Precinct. All works shall be carried out in accordance with the requirements of the St Marys Development Agreement as amended. The provision of affordable housing lots shall be made to the Centre for Affordable Housing in accordance with Clause 17 of the Development Agreement 2.10 A separate Development Application shall be lodged with Council in relation to the shade structures and public art elements proposed in the Stage 1A Village Park (DA09/0809 only) 2.11 Street trees should be located so as not to diminish the effectiveness of street lighting 2.12 The Village Park planting beds which are flush with the adjacent roadway shall be provided with a safety strip of turf to the rear of the kerb or alternatively the safety strip shall be mulched only with no plantings (DA09/0809 only) 2.13 A detailed landscape plan relating to the Village Park shall be submitted and approved prior to the issue of a Construction Certificate. All works relating to the Village Park shall be satisfactorily completed prior to the issue of a Subdivision Certificate (DA09/0809 only) 2.14 Decorative open-style fencing with associated landscaping shall be provided to the rear of Lots 1051 to 1057 and Lots 1099 to 1105 and to the secondary frontages of Lots 1080, 1081 and 1098. The rear and side fencing to these allotments shall ensure an appropriate level of privacy is afforded to future residents of these allotments. Detailed plans and specifications shall be submitted and approved prior to the issue of a Construction Certificate. The fencing and associated landscaping works shall be satisfactorily completed prior to the issue of a Subdivision Certificate (DA09/0811 and DA09/0812 only) 2.15 The linen plan of subdivision is to be supported by an 88B instrument in accordance with Section 88B of the Conveyancing Act 1919 creating a positive covenant requiring that future dwellings on Lots 1051 to 1057, Lots 1099 to 1105 and Lots 1080, 1081 and 1098 appropriately address the entry collector road, Village Park and Village Centre respectively to ensure adequate natural surveillance and a suitable aesthetic appearance when viewed from these public areas. Council shall be nominated as the only authority permitted to modify, vary or rescind such positive covenant (DA09/0811 and DA09/0812 only) 2.16 An increased secondary setback of 3.4m shall be provided to future dwellings on Lots 1099 and 1105 to maintain vistas to the Village Park when approaching from the east. This modification shall be incorporated into the Building Envelope Plan for Stage 1C (DA09/0812 only) 2.17 The conditions imposed by the Roads and Traffic Authority in its letter dated 10 November 2009 for the development are to be satisfied prior to the issue of a Construction Certificate and/or Subdivision Certificate as relevant 2.18 The Northern Road temporary intersection treatment shall only serve the residential allotments contained in Stage 1A, 1B and 1C. Approval of subsequent residential allotments will be dependant on the permanent intersection treatment being operational
3. The individuals who made a submission be advised of Council’s decision and of the consideration given to their concerns. In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:
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Councillor Jim Aitken OAM left the meeting, the time being 10:14pm.
22 Development Application DA09/0670 Variation of Restrictive Covenant and Construction of a Single Storey Dwelling and Garage Lot 8 DP 1115288 (No. 348) Littlefields Road, Mulgoa. Applicant: Mr. J Prgomelja; Owner: Mr. J Prgomelja DA09/0670 |
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433 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Marko Malkoc That: 1. The information contained in the report on Development Application DA09/0670 Variation of Restrictive Covenant and Construction of a Single Storey Dwelling and Garage Lot 8 DP 1115288 (No. 348) Littlefields Road, Mulgoa be received. 2. The Restrictive Covenant ninthly referred to in the 88B Instrument attached to Lot 8, DP 1115288 be varied to permit the side setback of the dwelling to be 1.5m and the side setback of the garage to be 1.0m. 3. The Common Seal of Penrith City Council be affixed to the necessary documentation. 4. Development Application No. 09/0670 for the construction of a single storey dwelling and garage be approved subject to the proposed conditions of Development Consent as follows: Standard Conditions 4.1 A001 – Approved Plans A008 – Works to BCA requirements A009 – Residential Works DCP A041 – Construction in Bushfire Areas (Level 2) A046 – Issue of Construction Certificate D001 – Sedimentation and Erosion Controls D007 – Cut and fill of land requiring Validation Certificate D009 – Covering Waste Storage area D010 – Waste disposal E001 – BCA compliance E005 – Smoke Alarms F006 – Watertank G005 – Permit for water H01F – Stamped plans and erection of site notice H002 - All forms of construction H011 – Engineering plans and specifications H013 – Further details of building components H014 – Slab design H015 – Termite protection H022 – Survey H030 - Colours H036 – Rainwater tank H037 – Safe supply from catchment H038 – Connection of rainwater tank supply H039 – Rainwater tank pumps H041 – Hours of work I003 – Roads Act approval K003 – Stormwater L001 – General landscaping L008 – Tree preservation order Q001 – Notice of commencement and appointment of PCA Q005 - Occupation Certificate Special Conditions 4.2 Prior to the issue of a Construction Certificate for the development, the variation of the Restriction on the Use of Land numbered 9 in DP 1115288 shall be registered with the Land and Property Information division of the Department of Lands
4.3 Prior to the issue of a construction certificate, cut and fill details associated with the garage are to be provided in accordance with the Building Design and Siting Code dated 16 August 2007
4.4 Prior to the issue of a construction certificate, details of the driveway are to be provided demonstrating compliance with Section 2.8 of the Building Design and Siting Code dated 16 August 2007. Cut and fill details and levels will be required in this regard. The driveway width is not to exceed 3.0 metres within a horizontal distance of 10 metres from the boundary of Littlefields Road.
In accordance with Section 375A of the Local Government Act 1993, a DIVISION was then called with the following result:
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Councillor Jim Aitken OAM returned to the meeting, the time being 10:15pm.
23 Draft Cumberland Plain Recovery Plan |
434 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Marko Malkoc That: 1. The information contained in the report on Draft Cumberland Plain Recovery Plan be received. 2. Council make a submission to the Department of Environment, Climate Change and Water regarding the Draft Cumberland Plain Recovery Plan, requesting that the following concerns be addressed: 2.1 Targeting any future investment associated with the management of the Cumberland Plain’s threatened biodiversity to the priority conservation lands within the City should be the responsibility of the State Government 2.2 Further consideration should be given by DECCW to the importance of habitat / conservation corridors 2.3 Further clarification is provided regarding DECCW’s expectations for local government to monitor and report on the Plans measures 2.4 The Plan should adequately address the funding and resourcing implications on local government and to address the capacity restraints of local government to achieve the proposed measures.
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A Liveable City
Councillor Karen McKeown left the meeting, the time being 10:18pm.
Councillor Karen McKeown returned to the meeting, the time being 10:27pm.
24 Erskine Business Park - Biodiversity Conservation Corridor - Jacfin Site |
435 RESOLVED on the MOTION of Councillor Mark Davies seconded Councillor Robert Ardill 1. That the information contained in the report on Erskine Business Park - Biodiversity Conservation Corridor - Jacfin Site be received. 2. Council write to the Minister for Planning in the following terms: · Outlining Council’s complete disappointment in the decision made by the Minister. · Request an explanation on the basis of the decision, having regard to all the advice that was before the Minister at the time; · Council expects greater consultation in future planning decisions. 3. Council write to the Local Members of Parliament requesting details of what representations they made to the Minister for Planning prior to the decision being made by the Minister of Planning. |
25 Establishment of additional Alcohol Free Zones and Alcohol Free Areas |
436 RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Marko Malkoc That: 1. The information contained in the report on Establishment of additional Alcohol Free Zones and Alcohol Free Areas be received. 2. Council support the establishment of Alcohol Free Zones and Alcohol Free Areas at the locations identified in this report.
3. Signage be erected to prohibit the consumption of alcohol at each of the identified locations.
4. Additional requests for Alcohol Free Zones and Alcohol Free Zones be reviewed on a quarterly or six-monthly basis if required. |
27 Assistance Towards Amateur Sportspersons and Representatives in the fields of Art, Music, Culture - Overseas and Interstate Travel |
437 RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Marko Malkoc That the information contained in the report on Assistance Towards Amateur Sportspersons and Representatives in the fields of Art, Music, Culture - Overseas and Interstate Travel be received.
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28 Floodplain Management Program 2009/2010 - Grant Offer |
438 RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Marko Malkoc That the information contained in the report on Floodplain Management Program 2009/2010 - Grant Offer be received.
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29 Tender Reference 07-09/10 Construction of Lenore Drive Extension Erskine Park |
439 RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Marko Malkoc That: 1. The information contained in the report on Tender Reference 07-09/10 Construction of Lenore Drive Extension Erskine Park be received. 2. The tender for the construction of Lenore Drive be awarded to Burton Contractors Pty Ltd for the contract sum of $2,319,306 including an amount of $245,026 for the provisional items (excluding GST).
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30 Tender Reference 28-09/10 Supply & Installation of Pool Water Heating Equipment |
440 RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Marko Malkoc That: 1. The information contained in the report on Tender Reference 28-09/10 Supply & Installation of Pool Water Heating Equipment be received. 2. A Contract for the Supply and Installation of Pool Water Heating Equipment be awarded to Trisley's Hydraulic Services Pty Ltd for the lump sum fixed cost of $317,940 (ex GST) including the options for increased plant capacity.
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31 Tender Reference 06-09/10 For the Provision of Graffiti Removal and Paint out services |
441 RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Marko Malkoc That: 1. The information contained in the report on Tender Reference 06-09/10 For the Provision of Graffiti Removal and Paint out services be received. 2. The following companies be placed on the panel of approved suppliers for Graffiti Paint Out & Graffiti Removal/Cleaning, for a period of two (2) years with an option to extend for a further one (1) year period, allowing for rise and fall provisions with Jetmaster Pty Ltd (Trading as 1800 No Graffiti) as the preferred (primary) supplier and NT Barnes Pty Ltd (Trading as Wundaguard), Techni-Clean Australia Pty Ltd, and Urban Maintenance Systems Pty Ltd as the preferred secondary (back up) suppliers.
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QUESTIONS WITHOUT NOTICE
QWN 1 Leave of Absence |
Councillor Kath Presdee requested leave of absence for the period 13 December 2009 to 16 December 2009 inclusive. |
Committee of the Whole
442 RESOLVED on the MOTION of Councillor Marko Malkoc seconded Councillor Tanya Davies that the meeting adjourn to the Committee of the Whole to deal with the following matters, the time being 10:32pm. |
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1 Presence of the Public
CW1 RESOLVED on the motion of Councillor John Thain seconded Councillor Marko Malkoc that the press and public be excluded from Committee of the Whole to deal with the following matters:
A Leading City
2 Provision of Council's external legal services
This item has been referred to Committee of the Whole as the report refers to advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege and discussion of the matter in open meeting would be, on balance, contrary to the public interest.
A City of Opportunities
3 Personnel Matter - Senior Staff Matters
This item has been referred to Committee of the Whole as the report refers to personnel matters concerning particular individuals and discussion of the matter in open meeting would be, on balance, contrary to the public interest.
The meeting resumed at 10:45pm and the Acting General Manager reported that the Committee of the Whole met at 10:32pm on Monday 30 November 2009, the following being present
His Worship the Mayor Councillor Kevin Crameri OAM, Councillors Jim Aitken OAM, Kaylene Allison, Robert Ardill, Greg Davies, Mark Davies, Tanya Davies, Ross Fowler OAM, Ben Goldfinch, Prue Guillaume, Marko Malkoc, Karen McKeown, Kath Presdee and John Thain
and the Committee of the Whole excluded the press and public from the meeting for the reasons set out in CW1 and that the Committee of the Whole submitted the following recommendations to Council.
CONFIDENTIAL BUSINESS
2 Provision of Council's external legal services |
443 RESOLVED on the MOTION of Councillor Greg Davies seconded Councillor Ross Fowler OAM CW2 That: 1. The information contained in the report on Provision of Council's external legal services be received. 2. The recommendations in the report on the provision of Council’s external legal services be adopted. 3. A further report be submitted to Council in the New Year on the provision of Council’s external legal services. |
3 Personnel Matter - Senior Staff Matters |
444 RESOLVED on the MOTION of Councillor Jim Aitken OAM seconded Councillor Ross Fowler OAM CW3 That: 1. The information contained in the report on Personnel Matter - Senior Staff Matters be received. 2. The recommendation of the Senior Staff Recruitment/Review Committee be adopted. |
ADOPTION OF Committee of the Whole
That the recommendation contained in the Committee of the Whole and shown as CW1, CW2 and CW3 be adopted.
There being no further business the Chairperson declared the meeting closed the time being 10:48pm.
Procedure for Addressing Meetings
Anyone can request permission to address a meeting, providing that the number of speakers is limited to three in support of any proposal and three against.
Any request about an issue or matter on the Agenda for the meeting can be lodged with the General Manager or Public Officer up until 12 noon on the day of the meeting.
Prior to the meeting the person who has requested permission to address the meeting will need to provide the Public Officer with a written statement of the points to be covered during the address in sufficient detail so as to inform the Councillors of the substance of the address and a written copy of any questions to be asked of the Council in order that responses to those questions can be provided in due course.
In addition, prior to addressing the meeting a person addressing Council or Committee will be informed that they do not enjoy any privilege and that permission to speak may be withdrawn should they make inappropriate comments.
It should be noted that persons who wish to address the Council are addressing a formal part of the Council Meeting. All persons addressing the Meeting should give consideration to their dress attire. Smart casual is a minimum that is thought to be appropriate when addressing such a forum.
It should be noted that speakers at meetings of the Council or Committee do not have absolute privilege (parliamentary privilege). A speaker who makes any potentially offensive or defamatory remarks about any other person may render themselves open to legal action.
Prior to addressing the meeting the person will be required to sign the following statement:
“I (name) understand that the meeting I intend to address on (date) is a public meeting. I also understand that should I say or present any material that is inappropriate, I may be subject to legal action. I also acknowledge that I have been informed to obtain my own legal advice about the appropriateness of the material that I intend to present at the above mentioned meeting”.
Should a person fail to sign the above statement then permission to address either the Council or Committee will not be granted.
The Public Officer or Minute Clerk will speak to those people who have requested permission to address the meeting, prior to the meeting at 7.15pm.
It is up to the Council or Committee to decide if the request to address the meeting will be granted.
Where permission is to be granted the Council or Committee, at the appropriate time, will suspend only so much of the Standing Orders to allow the address to occur.
The Chairperson will then call the person up to the lectern or speaking area.
The person addressing the meeting needs to clearly indicate:
· Their name;
· Organisation or group they are representing (if applicable);
· Details of the issue to be addressed and the item number of the report in the Business Paper;
· Whether they are opposing or supporting the issue or matter (if applicable) and the action they would like the meeting to take;
· The interest of the speaker (e.g. affected person, neighbour, applicant, applicants spokesperson, interested citizen etc).
Each person then has five minutes to make their address. Those addressing Council will be required to speak to the written statement they have submitted. Permission to address Council is not to be taken as an opportunity to refute or otherwise the points made by previous speakers on the same issue.
The Council or Committee can extend this time if they consider if appropriate, however, everyone needs to work on the basis that the address will be for five minutes only.
Councillors may have questions about the address so people are asked to remain at the lectern or in the speaking area until the Chairperson has thanked them.
When this occurs, they should then return to their seat.
Glenn McCarthy
Public Officer
02 4732 7649
Notices Of Motion
Item Page
1 Notice of Motion (Rescission)
14 December 2009 |
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A Leading City |
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1 Notice of Motion
Notice of Motion (Rescission)
Following the Ordinary Meeting of 30 November 2009, Councillors Ross Fowler OAM, Jim Aitken OAM and Mark Davies gave notice of their intention to move the following motion:
“We the below signed hereby put forward the following notice: That Item 3 of the 30/11/09 business paper be rescinded and resubmitted for Council’s consideration. This will require similar action for Item 6”.
Council’s staff suggest procedurally that the net effect of the rescission motion will be that the motion will be dealt with in two parts, namely:-
“1. That Item 3 of the 30 November 2009 business paper be rescinded and resubmitted for Council’s consideration”.
In the event that this Motion is successful, then Councillors Ross Fowler OAM, Jim Aitken OAM and Mark Davies put forward the following further motion:
“2. That Item 6 of the 30 November 2009 business paper be rescinded and resubmitted for Council’s consideration”.
Attached to this Report for the Councillors’ information are copies of Item 3 – Outstanding issues from the public exhibition of draft Amendment No. 1 to Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation); Item 6 – Proposed changes to draft Amendment No. 1 to Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation) and a copy of the draft unconfirmed Minutes of the Ordinary Meeting of 30 November 2009 with respect to Items 3 and 6.
1. View |
Item 3 – Outstanding issues from the public exhibition of draft Amendment No. 1 to Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation) |
8 Pages |
Appendix |
2. View |
Item 6 – Proposed changes to draft Amendment No. 1 to Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation) |
4 Pages |
Appendix |
3. View |
Draft unconfirmed Minutes of the Ordinary Meeting of 30 November 2009 - Items 3 and 6. |
2 Pages |
Appendix |
14 December 2009 |
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Appendix 1 - Item 3 – Outstanding issues from the public exhibition of draft Amendment No. 1 to Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation) |
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14 December 2009 |
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Appendix 2 - Item 6 – Proposed changes to draft Amendment No. 1 to Penrith Local Environmental Plan 1991 (Environmental Heritage Conservation) |
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14 December 2009 |
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Appendix 3 - Draft unconfirmed Minutes of the Ordinary Meeting of 30 November 2009 - Items 3 and 6. |
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THIS PAGE HAS BEEN LEFT BLANK INTENTIONALLY
Reports of Committees
Item Page
1 Report and Recommendations of the Penrith Valley Community Safety Partnership Meeting held on 25 November 2009
2 Report and Recommendations of the Access Committee Meeting held on 2 December 2009
3 Report and Recommendations of the Local Traffic Committee Meeting held on 7 December 2009
4 Report and Recommendations of the Policy Review Committee meeting held on 7 December, 2009
14 December 2009 |
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A Liveable City |
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REPORT AND
RECOMMENDATIONS OF THE
Penrith Valley Community
Safety Partnership MEETING
HELD ON 25 November, 2009
PRESENT
Councillor Karen McKeown; Councillor Kaylene Allison; Kristy Williams, St Marys Local Area Command; Linda Baumgartner, Penrith Local Area Command; Grant Healey, Penrith Local Area Command; Anthony Holton, St Mary Local Area Command; Ben Feszczuk, Penrith Local Area Command; Ray Filewood, St Marys Local Area Command; Jack McLeod, St Marys Town Centre; Gladys Reed, Penrith City Centre Association; Yvonne Perkins, Penrith City Council; David Burns, Penrith City Council; Allison Kyriakakis, Penrith City Council; Erin Davidson, Penrith City Council; Murray Halls, Penrith City Council; Alison Pearson, Penrith City Council; Gina Field, Penrith Valley Chamber of Commerce; Jeni Pollard, Penrith City Council
APOLOGIES |
Councillor Jackie Greenow; Councillor Prue Guillaume; Councillor Ben Goldfinch; Kylie Chang, St Marys Local Area Command; Julie Passau, Penrith Local Area Command; Katerina Tahija, Penrith City Council; Tracy Leahy, Penrith City Council; Michelle Comito, Penrith Youth Interagency; Michael Addison, SPYNS |
CONFIRMATION OF MINUTES - Penrith Valley Community Safety Partnership Meeting - 30 September 2009 |
The minutes of the Penrith Valley Community Safety Partnership Meeting of 30 September 2009 were confirmed. |
DECLARATIONS OF INTEREST
Nil.
DELIVERY PROGRAM REPORTS
A Liveable City
1 Penrith Valley Community Safety Plan 2007-2011 - Key Strategy Development |
1. Additional Alcohol Free Zones and Alcohol Free Areas Allison advised that at the last partnership meeting held 30 September there were two Alcohol Free Areas and an additional 10 Alcohol Free Zones proposed at newly identified locations across the City.
A report was submitted to Council recommending support to commence the consultation process. Following Council’s approval, a consultation period of 30 days was advertised. No objections were received for the new Alcohol Free Areas or Alcohol Free Zones.
A further report has been prepared for Council’s meeting on 30th November 2009 recommending that the newly proposed Alcohol Free Areas and Alcohol Free Zones be established at each location. If adopted by Council, signage will be erected early in the new year.
Ben Feszczuk asked if consideration has been given to establishing an Alcohol Free Area within the Green Space, located between the Civic Centre, Joan Sutherland Performing Arts Centre and Westfield.
David advised that Parks Maintenance Crews had been collecting data over a number of weeks regarding alcohol bottles and litter at this location. At this stage, no significant trends were evident although Council will continue to monitor this location.
2. Update on NSW Attorney General’s Crime Prevention Funding Projects
Plate Safe Program
Allison advised that the Plate Safe program originally proposed to be launched on 24th October 2009 had to be cancelled due to the type of screws to be used and the complexity of its fitting.
Allison also advised that the product to be installed requires extensive fitting and the removal of vehicle panels. Due to the complexities of installation staff from the supplier National Locksmiths, will be engaged to assist with fittings.
Allison explained that the revised proposal for the delivery of the program was based around a voucher system whereby residents obtained a voucher from Council and arranged to have anti theft screws installed by National Locksmiths at their own convenience. The NSW Attorney General’s Department was concerned that this method would make it difficult to meet the designated quota of 1500 vehicles.
Allison further advised that after a meeting with the NSW Attorney General’s Department, agreement was reached to deliver the program with a minimum of three fitting sessions conducted in local car parks across the Penrith Local Government Area with the assistance of National Locksmiths. Additional assistance will be sought from suitable volunteers such as TAFE students completing relevant courses.
Final advice has been received from the NSW Attorney General’s Department approving amendments to the delivery of the program.
Jane Street Car Park
Allison advised that RailCorp has completed the tender process for works to the Jane Street Car Park (east) and a contractor has been selected.
Work is scheduled to commence in December – January 2010, however will need to be scheduled to minimise impact to commuters and the Christmas/New Year shopping period.
3. Closure of land between Diamantina Close and Reddington Avenue, St Clair
Allison advised that following Council approval, the parcel of land between Diamantina Close and Reddington Avenue, St Clair is scheduled to be closed with the installation of security fencing and gates commencing on 26th November 2009. Signage has previously been erected advising the community that the parcel of land will be closed and access restricted.
4. Update on Domestic Violence Projects
Domestic Violence Resource Project
Allison advised that Council was successful in receiving $60,000 funding from DoCS, Western Sydney Area Assistance Scheme to coordinate a Domestic Violence Resource Project.
Allison explained that the project focuses on 3 key components being:
1. A training needs analysis to assess and identify the training needs of local Non Government Organisation service workers 2. Develop and deliver a training program to provide workers with the skills necessary to refer clients that present with domestic and family violence related issues. 3. Develop a resource kit for workers.
Expressions of interest for the engagement of a consultant to conduct the training needs analysis closed on 6 November 2009. The successful consultant will commence this part of the project in January 2010.
Keeping Families Safe – Family Fun Day 3 December 2009
Allison advised that the Nepean Domestic Violence Network will be hosting the Family Fun Day – Keeping Families Safe on Thursday 3 December 2009 in the Green Space between 3.30pm and 7.00pm. The event is free and everyone is welcome to attend.
The event aims to raise community awareness about domestic and family violence. Activities that will be run at the event include a jumping castle, animal farm, temporary tattooist, face painting, PCYC van, a visit by Santa and many information stalls.
White Ribbon Day
Allison advised that today, 25 November 2009, is International White Ribbon Day. A day for the elimination of violence against women.
Allison spoke about the role Council has taken to support the day with white ribbons distributed to all Council staff. Each ribbon was attached to an information card briefly outlining the purpose of White Ribbon Day.
5. Cranebrook Street Lighting Enhancement Project
Allison advised that plans have now been received for the lighting upgrades within a designated area of Cranebrook. Quotations are now being obtained from accredited contractors to install the lighting in accordance with Integral Energy certified designs. Allison said Council anticipates the project will be completed by February/March 2010.
6. Draft Code of Practice – Public Spaces CCTV Program
Allison advised that a draft code of practice has been developed to support the Public Spaces CCTV program. Both Penrith and St Marys Local Area Commands have provided comment on the policy.
Allison further advised that the draft policy had been prepared, however issues relating to Freedom of Information requests need to be addressed before it can be submitted to Council.
Yvonne advised that this request has required a review of the policy and discussions with Council’s legal department.
Ray Filewood suggested it would be helpful to find out how other State Government agencies (e.g. State Rail) respond to these Freedom of Information requests.
Ben Feszczuk advised that he would contact NSW Police legal team to see how they respond to these requests.
5. Penrith Senior Citizens Fencing Allison advised that the Penrith Senior Citizens fencing has been completed.
RECOMMENDED that the information contained in the report on Penrith Valley Community Safety Plan 2007-2011 - Key Strategy Development be received. |
Regular Items
A) Police Statistics
PENRITH LOCAL AREA COMMAND
Reported Crime Statistics September 2009 – October 2009
Crime Category |
September |
October |
Assault |
70 |
85 |
Robbery |
2 |
3 |
Break & Enter |
47 |
47 |
Stealing |
175 |
142 |
Steal Motor Vehicle |
41 |
34 |
Malicious Damage |
112 |
133 |
Drug Detection |
144 |
20 |
Traffic Offences |
602 |
560 |
Motor Vehicle Accident |
60 |
70 |
St Marys LOCAL AREA COMMAND
Reported Crime Statistics September 2009 - October 2009
Crime Category |
September |
October |
Assault |
112 |
85 |
Robbery |
9 |
12 |
Break & Enter |
39 |
52 |
Stealing |
107 |
95 |
Steal Motor Vehicle |
36 |
39 |
Malicious Damage |
150 |
142 |
Drug Detection |
25 |
13 |
Traffic Offences |
638 |
551 |
Motor Vehicle Accident |
58 |
70 |
B) What’s In The Media
Media File October – November 2009
GENERAL BUSINESS
GB 1 Pedestrian Crossings |
Jack McLeod mentioned that local businesses and residents had raised concerns about pedestrian crossings in Queen Street, St Marys. David advised that this matter has been referred to the Traffic Committee for investigation, with its recommendations to be submitted to Council for adoption. |
GB 2 Antisocial Behaviour at various location within the Penrith LGA |
Councillor McKeown mentioned that Regatta Park in Emu Plains has had reports of burn outs and drug paraphernalia in the area as well as groups gathering in Coachmans Park, St Marys.
Councillor Allison also said that there are groups of people congregating and smoking outside the new DoCS building in Queen Street, St Marys.
David advised that an Alcohol Free Area has been approved for Coachmans Park and Alcohol Free Zones have been extended along Queen Street to the Great Western Highway.
Issues at these locations will continue to be monitored by Council and Police.
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GB 3 New Years Eve Celebrations |
Superintendent Filewood advised that Penrith and St Marys Police will be conducting enhanced operations on New Years Eve. |
GB 4 Street Watch - High Street, Penrith |
Gladys Reed advised that the Street Watch program has now ceased, 31 October 2009 due to lack of support and funding from local businesses.
Grant Healey advised that crime statistics collected over the period that Street Watch was in place do not indicate any significant change in the levels of crime in the Penrith CBD during this period. |
GB 5 Laneways |
David advised that there has been some progression in the process of permanently closing laneways in the Penrith Local Government Area. Agreement has been reached with adjacent property owners to purchase the laneways subject to legal closure. There was one laneway that had no interest from adjacent owners. This laneway will be physically closed in accordance with the adopted policy. |
There being no further business the Chairperson declared the meeting closed the time being 7:30pm.
That the recommendations contained in the Report and Recommendations of the Penrith Valley Community Safety Partnership meeting held on 25 November, 2009 be adopted.
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14 December 2009 |
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A City of Opportunities |
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REPORT AND
RECOMMENDATIONS OF THE
Access Committee MEETING
HELD ON 2 December, 2009
PRESENT
Councillor Robert Ardill (Chair), Councillor Prue Guillaume, John Gallagher, Denise Heath, Sherille Stephens, Ronda Hopkins.
IN ATTENDANCE
Hans Meijer, City Works Manager; Vanessa Muscat, Environmental Health and Building Surveyor; Steve Barratt, Regulation and Compliance Unit Coordinator; Ben Felten, Disability Access Officer; Greg Hall, Principal Planner; Joe Ibbitson, Community Programs Coordinator; Erich Weller, Community and Cultural Development Manager.
LEAVE OF ABSENCE
Leave of Absence was previously granted to Councillor Jackie Greenow for the period 30 November 2009 to 11 December 2009 inclusive.
APOLOGIES |
Apologies were accepted from Tricia Hitchen, Graham Howe and Michael Morris. |
CONFIRMATION OF MINUTES - Access Committee Meeting - 7 October 2009 |
The minutes of the Access Committee Meeting of 7 October 2009 were confirmed with the following amendment.
GB 13 CDSE Grant to Gaels Club be changed to:
Denise Heath advised that the Gaels Club provided funding to NADO through a CDSE Grant for $4,500 which supported six children to attend Little Athletics for the season. |
DECLARATIONS OF INTEREST
Nil.
DELIVERY PROGRAM REPORTS
A Green City
1 Development Application Referrals to the Access Committee
DA09/1035 12 Carson Lane, St Marys – Partial demolition, alterations and fitout of an existing building for the purposes of a community support facility Greg Hall spoke to the development application which is for the former St Marys Bowling Club to be used by the community group, Fusion Australia. The proposal is for office space and a small café with a ramp. The remainder of the building and entry are at grade.
Greg Hall advised that the only issue is the accessible parking but there may be an opportunity to relocate or adjust this.
Issues discussed by the Committee included:
· uneven ground in the carpark · possible relocation of the accessible carparking nearer to the entrance · accessibility of the grade of the various entrances to the building.
DA09/1088 Level 2, 565 High Street, Penrith – Open Training Service Provider
Greg Hall advised that the development application is for the existing “Martin House” building to be used for administrative purposes and to provide occasional group educational sessions for up to 15 participants. This service provider assists their clients to find employment.
The Access Report concludes that the premises are suitable for people with intellectual, psychiatric, physical and sensory disabilities. While the addition of the handrail to the ramp, tactile indicators, and wheelchair accessible toilets would definitely improve access, the use of the current facilities allows access by people with disabilities.
Steve Barratt advised that since there are physical restrictions in the Martin House building other venues will be used for training sessions if necessary. The provider will manage this issue for whatever group they are providing training for.
Issues discussed by the Committee included:
· the toilets are not wheelchair accessible · possible hazard to visually impaired people as amenities are by the stairwell · how the provider will identify what specific needs their clients will require · the steepness of the ramp · wheelchair turning space through the doors · tactiles to be provided for the stairs · not more than three to four wheelchairs could fit into the classroom.
Steve Barratt explained that the service could adopt a plan of management which would be part of the development consent. The service is not specifically for people with a disability.
Greg Hall advised that if the training provider holds a session and one out of the 15 people has a disability the session will be held at a more appropriate venue. Greg Hall suggested reviewing the plan of management on an annual basis.
Greg Hall suggested that the door near the stairwell could be relocated and said he would look into this.
Steve Barratt further detailed that the plan of management for the training service could contain an application form for training. Consent to the development application would be given subject to the plan of management which would be adopted as part of their approval.
Council officers will inspect the building before the proposal is assessed. At this inspection the safety of the access to the amenities that are located near the stairwell will be reviewed.
DA09/1108 Addition and alteration to existing dwelling and change of use to Place of Worship and Community School at 15-27 Blaikie Road, Jamisontown
Greg Hall advised that the proposal is for an existing building to be used as a church and community school. Sixty-five carparking spaces will be provided. The proposal is for a hall, some classrooms, priest accommodation, and disabled toilet off the verandah. All the building is at grade.
Concerns discussed by the committee included:
· width of the verandah - 1.8m · entrance points – all the doors may need a 1 in 8 ramp · problem with doors in accessible facilities which open inwards – it is preferable to have doors which open outwards or are double hung (swing in or out) · problems with sliding doors for accessible facilities – they can come off the track, the button can be broken or something may be jammed in the track · parking issues – the first few spaces could be reserved for accessible parking · an allowance be provided for a footpath so people are not walking in the path of cars – this would be for all people to use · all the doors should be a minimum width of 850m to make all areas accessible.
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RECOMMENDED that the information contained in the report on Development Application Referrals to the Access Committee be received |
GENERAL BUSINESS
GB 1 Mayoral Minute 30 November 2009 – Councillor Greenow Recognised for Service to Community |
Councillor Ardill read out the Mayoral Minute regarding Councillor Greenow’s selection as a finalist in the 2009 National Disability Awards. Councillor Ardill acknowledged Councillor Greenow’s contribution over the years and the meeting concurred. |
GB 2 Shut Out: The Experience of People with Disabilities and their Families in Australia – National Disability Strategy Consultation Report prepared by the National People with Disabilities and Carer Council
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Joe Ibbitson handed out copies of the Shut Out report which was produced by the Federal Government. |
GB 3 2009 International Day of People with Disability (IDPwD) |
Joe Ibbitson handed out copies of the program for the 2009 IDPwD Mayoral Morning Tea and Launch of Penrith Inclusion Plan-People with Disability 2009-2013 to be held at Penrith Regional Gallery & The Lewers Bequest on 3 December 2009. |
GB 4 Penrith Inclusion Plan-People with Disability 2009-2013 |
Joe Ibbitson handed out copies of the Penrith Inclusion Plan-People with Disability 2009-2013. |
GB 5 National Disability Insurance Scheme (NDIS) |
Councillor Guillaume advised the committee of the proposed consideration of a National Disability Insurance Scheme. The scheme could provide long term support for people with disability over a lifetime of their disease. The matters will be investigated by the Productivity Commission and a report will be available in 2011. Erich Weller indicated a report would be presented to the Access Committee on this matter once the terms of reference for the inquiry were available.
Ronda Hopkins enquired if this initiative could be used for something like a new doorway into a bathroom.
Ben Felten advised that there are two organisations that can help with this at present with no cost and he said he would speak to Ronda after the meeting. |
GB 6 U3A Building, 3 Castlereagh Street, Penrith - Installation of accessible ramp and amenities |
Councillor Guillaume informed the meeting that funding has been sought from the Federal Government Regional Local Community Infrastructure Program for an accessibility upgrade of the U3A building.
Hans Meijer advised that the submission for the funding has been lodged and is very likely to be successful. |
GB 7 Thank you to Access Committee |
Councillor Ardill referred to the incident at the airport with Kurt Fearnley. Councillor Ardill thanked the Access Committee members for all the work they have undertaken. Hans Meijer spoke about the work completed at the Quarterdeck, which is now fully accessible, and thanked the committee for their help. |
GB 8 Nepean Private Hospital |
Steve Barratt reported that all the works at Nepean Private Hospital previously discussed by the committee have been completed except the kerb ramps which will be finished before Christmas. The hospital has been positive in their response. Councillor Ardill requested that a report or memo on the Nepean Private Hospital works come back to the committee. |
GB 9 Next Meeting and Meetings for 2010 |
The next meeting of the Access Committee will be held on 3 February 2010. The Access Committee meeting calendar for 2010 will be emailed out to committee members. |
There being no further business the Chairperson declared the meeting closed the time being 6.05pm.
That the recommendations contained in the Report and Recommendations of the Access Committee meeting held on 2 December, 2009 be adopted.
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14 December 2009 |
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A Liveable City |
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REPORT AND
RECOMMENDATIONS OF THE
Local Traffic Committee MEETING
HELD ON 7 December, 2009
PRESENT
Michael Alderton - Road Network Services Engineer (Chairperson), The Mayor – Councillor Kevin Crameri OAM, Councillor Karen McKeown – Representative for the Member for Mulgoa, Pat Sheehy AM – Representative for the Member for Londonderry, Sergeant Natasha Crawford – Penrith Police, Senior Constable Mark Elliott – St Marys Police, James Suprain - Roads and Traffic Authority, David Lance – Roads and Traffic Authority, David Yee – A/Design & Technical Advice Manager, Daniel Davidson – Road Safety Co‑ordinator, David Drozd – Senior Traffic Engineer, Wayne Mitchell – Group Manager City Infrastructure, Peter Shahatit – Trainee Engineer, Jayden Pilling – PCC Engineering Scholarship Recipient
IN ATTENDANCE
Ron Watson – Westbus, Steven Purvis – Ranger
APOLOGIES |
Councillor Jackie Greenow, Ruth Byrnes - Senior Traffic Officer |
CONFIRMATION OF MINUTES - Local Traffic Committee Meeting - 12 October 2009 |
The minutes of the Local Traffic Committee Meeting of 12 October 2009 were confirmed. |
DECLARATIONS OF INTEREST
There were no declarations of interest.
DELIVERY PROGRAM REPORTS
A Liveable City
1 Local Traffic Committee - Meeting Dates for 2010 |
RECOMMENDED That: 1. The information contained in the report on Local Traffic Committee - Meeting Dates for 2010 be received. 2. The above dates be confirmed for 2010. |
2 King Street, St Marys - Proposed Relocation of 'No Stopping' Sign |
RECOMMENDED That: 1. The information contained in the report on King Street, St Marys - Proposed Relocation of 'No Stopping' Sign be received. 2. The existing ‘No Stopping’ sign on the eastern side of the driveway of 49 King Street, St Marys be relocated west of the driveway at 49 King Street, St Marys. 3. The resident be advised of Council’s resolution. |
3 Capitol Hill Drive, Mount Vernon - Proposed Bus Route |
RECOMMENDED That: 1. The information contained in the report on Capitol Hill Drive, Mount Vernon - Proposed Bus Route be received. 2. The application for Capitol Hill Drive, Mount Vernon to be used as a bus route be endorsed. 3. Westbus be advised of Council’s resolution. |
4 Bus Stop Proposal - Various Locations in the Penrith LGA |
RECOMMENDED That: 1. The information contained in the report on Bus Stop Proposal - Various Locations in the Penrith LGA be received 2. New bus stops be approved in the following locations: a. Jamison Road, Kingswood (i) near house number 20, subject to consultation with property owners and a joint site inspection between Council and Westbus to determine the best location. The type (ie, bus stop or bus zone) is to be determined on-site (ii) outside the reserve area opposite house number 18 (iii) beside house number 63 Bringelly Road (iv) beside house number 61 Bringelly Road; b. Francis Road, Cambridge Park, outside house number 30; c. Sunflower Drive, Claremont Meadows (i) opposite house number 21 (ii) opposite Kulleroo Crescent; d. Forrester Road, North St Marys, adjacent to and opposite St Marys Leagues Club, 60m north of Christie Street. 3. Westbus be advised. |
5 Queen Street, St Marys - Pedestrian Crossings |
LTC Comment The Roads and Traffic Authority representative advised that the zigzag linemarkings are not required due to existing sight distance and high pedestrian numbers. RECOMMENDED That: 1. The information contained in the report on Queen Street, St Marys - Pedestrian Crossings be received. 2. Option 4 “Provide Minor Upgrades” and the improvements listed in Table 1 Queen Street, St Marys Crossing Point Improvements be implemented, with the exception of zigzag linemarking, which is not to be installed at this time. 3. A 3-tonne load limit be imposed, under Rule 104 of the Australian Road Rules, on the full length of Queen Street St Marys. 4. The proposal for a load limit be advertised in the local newspapers and government gazette for a period of two weeks. 5. Councillor Tanya Davies and Councillor Greg Davies be advised of Council’s resolution. |
6 Penrith City Festival - Saturday, 20 March 2010 |
RECOMMENDED That: 1. The information contained in the report on Penrith City Festival - Saturday, 20 March 2010 be received. 2. The Traffic Management Plan (TMP) submitted by Penrith City Centre Association detailing the proposed temporary road closures for the Penrith City Festival to be held on Saturday, 20 March 2010 be endorsed. 3. The Festival organiser advertise the proposed temporary road closures in local newspapers a minimum of two weeks prior to the event, and provide variable message signs in appropriate locations a minimum of one week prior to the event, with the locations of the VMS boards submitted to Council for endorsement prior to their erection. 4. The TMP be amended to include the location of appropriate signposting to advise road users of all alternative access points. 5. Penrith City Centre Association be advised of Council’s resolution. |
7 Castlereagh Street, Penrith - 40km/h High Pedestrian Activity Area Scheme |
RECOMMENDED That: 1. The information contained in the report on Castlereagh Street, Penrith - 40km/h High Pedestrian Activity Area Scheme be received. 2. Design Plan Ref 0652.09.C01 Issue C by RJR Developments for Castlereagh Street Site Number 9, dated 10/10/09, be finalised and endorsed for construction. 3. A Stage 3 Road Safety Audit be conducted prior to construction and any recommendations as part of the audit be addressed or implemented as required. 4. The resident who made a submission be advised of Council’s resolution. |
8 Australia Day Event - Tuesday, 26 January 2010 |
RECOMMENDED That: 1. The information contained in the report on Australia Day Event - Tuesday, 26 January 2010 be received. 2. The Traffic Management Plan (TMP) for the proposed Australia Day Event on Tuesday, 26 January 2010 at the Sydney International Regatta Centre (SIRC) be endorsed by the Committee. 3. The Traffic Management Plan be referred to the Roads and Traffic Authority for final approval. |
9 Phillip Street, St Marys - Proposed Change to Parking Restrictions |
RECOMMENDED That: 1. The information contained in the report on Phillip Street, St Marys - Proposed Change to Parking Restrictions be received. 2. The existing ‘No Parking Australia Post Vehicles Excepted’ signage on the north side of Phillip Street, St Marys immediately east of Gidley Street, be replaced with ‘1 Hour Parking 8.30am-6pm Mon-Fri & 8.30am-12.30pm Sat’ signs. 3. Australia Post be advised. 4. Councillor Greenow be advised. |
10 Lee Street, Emu Plains - Proposed Pedestrian Refuge |
RECOMMENDED That: 1. The information contained in the report on Lee Street, Emu Plains - Proposed Pedestrian Refuge be received. 2. Consultation be conducted with McCarthy Catholic College and the takeaway shop in Railway Street regarding loss of on-street parking, and any substantial objections to be referred to the Local Traffic Committee. 3. Sign and Linemarking Plan associated with the proposed pedestrian refuge on Lee Street, Emu Plains Issue A dated 28/10/09 prepared by Worley Parsons dated 3/11/09 be endorsed, subject to Roads Act approval of the facility and community consultation. 4. TIDC be advised of Council’s resolution. |
11 Give Way Signage Request - Various Cross Intersections in the Penrith LGA |
RECOMMENDED That: 1. The information contained in the report on Give Way Signage Request - Various Cross Intersections in the Penrith LGA be received. 2. A ‘Give Way’ sign and associated holding line be provided in Daintree Glen and Redfern Glen, at the intersection with Jorgensen Avenue, St Clair. 3. A ‘Give way’ sign and associated holding line be provided in Aries Place and Barcoo Place, at the intersection with Dilga Crescent, Erskine Park. 4. Councillor Tanya Davies be advised. |
12 Woodriff Street, Penrith - 40km/h High Pedestrian Activity Area Scheme |
RECOMMENDED That: 1. The information contained in the report on Woodriff Street, Penrith - 40km/h High Pedestrian Activity Area Scheme be received. 2. Design Plan ref 0652.07.C01 Issue B by RJR Developments for Woodriff Street Site Number 7, dated 10/10/09, be finalised and endorsed for construction. 3. A Stage 3 Road Safety Audit be conducted prior to construction and any recommendations as part of the audit be addressed or implemented as required. |
13 Blaikie Road & Pattys Place, Jamisontown - Proposed Provision of ‘Give Way’ Restrictions |
RECOMMENDED That: 1. The information contained in the report on Blaikie Road & Pattys Place, Jamisontown - Proposed Provision of Give Way Restrictions be received. 2. A ‘Give Way’ sign and associated holding line be provided in Pattys Place, on approach to Blaikie Road, Jamisontown. 3. 20m of double-barrier linemarking and ‘YY’ markers be provided in Pattys Place on the approach to Blaikie Road, Jamisontown. 4. The resident be advised. |
14 Maxwell Street, South Penrith - Request for Pedestrian Crossing Upgrade at Intersection with Fragar Road |
RECOMMENDED That: 1. The information contained in the report on Maxwell Street, South Penrith - Request for Pedestrian Crossing Upgrade at Intersection with Fragar Road be received. 2. Additional crossing advance warning signs be installed eastbound and westbound on Maxwell Street, as well as crossing advance warning signs to be installed on Fragar Road northbound and southbound approaching the roundabout at the intersection with Maxwell Street, South Penrith. 3. Additional zigzag linemarking be installed on Maxwell Street on the eastbound approach to the roundabout and crossing at the intersection with Fragar Road, South Penrith. 4. Karyn Paluzzano MP be advised of Council's resolution. |
15 Bringelly Road, Kingswood - Proposed Provision of Centre Linemarking Outside Montgrove College |
RECOMMENDED That: 1. The information contained in the report on Bringelly Road, Kingswood - Proposed Provision of Centre Linemarking Outside Montgrove College be received. 2. Consultation be conducted with affected residents regarding the implementation of the timed ‘No Stopping signs. Any substantial objections be referred back to the Committee. 3. Subject to no substantial objections being received, the Plan prepared by Eclipse Consulting Engineers Plan for Double Barrier Line between Caddens Road and Oag Crescent, raised pavement markers and timed ‘No Stopping 8:00am-9:30am & 2:30pm -4:00pm School Days’ opposite the school entrance for approximately 50m in Bringelly Road, Kingswood be endorsed for construction. 4. The works be completed at no cost to Council. 5. The applicant be advised of Council’s resolution |
16 Derby Street, Kingswood - Proposed Changes to Restricted Area Parking Scheme |
RECOMMENDED That: 1. The information contained in the report on Derby Street, Kingswood - Proposed Changes To Restricted Area Parking Scheme be received. 2. The area in between the driveways of numbers 46 and 46a Derby Street, Kingswood be marked with two parking bays. 3. Council’s Ranger Services be advised. |
17 Lavin Crescent and Dunheved Road, Werrington - Feasibility of ‘No Right Turn’ Restriction |
RECOMMENDED That: 1. The information contained in the report on Lavin Crescent and Dunheved Road, Werrington - Feasibility of ‘No Right Turn’ Restriction be received. 2. Council prepare a Traffic Management Plan for the intersection of Lavin Crescent and Dunheved Road, Werrington to investigate the feasibility of a ‘No Right Turn’ restriction. 3. The findings of the Traffic Management Plan be reported back to the Local Traffic Committee if required. |
18 Victoria Street, Werrington - Werrington Station Commuter Carpark Signs & Linemarking Plan |
RECOMMENDED That: 1. The information contained in the report on Victoria Street, Werrington - Werrington Station Commuter Carpark Signs & Linemarking Plan be received. 2. Sign and Linemarking Plan CCPP-0818-CI-0061 Rev 1 prepared by GHD dated 3/11/09 be endorsed. 3. TIDC be advised of Council’s resolution. |
19 Evan Street, South Penrith - Request to Relocate Bus Zone Fronting Jamison High School |
LTC Comment Subsequent to the drafting and submission of this report, pedestrian fencing was found to have been erected, fronting Jamison High School, by unknown parties. This is now a matter of ongoing investigation by Council officers to determine the suitability, positioning and type of fencing erected, including whether or not appropriate approvals were sought. It should be noted that the Roads and Traffic Authority representative, David Lance, stated that the pedestrian fencing shown to the Committee in a series of photographs at today’s meeting is not an approved pedestrian fencing for an approach to a marked footcrossing. The recommendations of this report have therefore been modified to reflect the ongoing nature of this investigation.
RECOMMENDED That: 1. The information contained in the report on Evan Street, South Penrith - Request to Relocate Bus Zone Fronting Jamison High School be received. 2. Relocation of the 'Bus Zone' on Evan Street fronting Jamison High School not be supported. 3. Investigations be conducted into the installation of the pedestrian fencing on the approach to the crossing to determine the suitability. Any modifications required if the fence is unsuitable be referred to Council’s Compliance Unit. 4. Westbus, Jamison High School and York Primary School be advised in writing of Council's resolution. |
20 Lawson Street, Penrith - 40km/h High Pedestrian Activity Area Scheme |
RECOMMENDED That: 1. The information contained in the report on Lawson Street, Penrith - 40km/h High Pedestrian Activity Area Scheme be received. 2. Community consultation be conducted with all shop owners, shopkeepers and stakeholders affected by the proposal, and any substantial objections be referred back to the Local Traffic Committee. 3. Subject to no substantial objections, design plan ref 0652.12.C01 Issue C by RJR Developments for Lawson Street Site Number 12, dated 21/11/09, be finalised and endorsed for construction. 4. A Stage 3 Road Safety Audit be conducted prior to construction and any recommendations as part of the audit be addressed or implemented as required. |
21 Station Street, Penrith - 40km/h High Pedestrian Activity Area Scheme |
RECOMMENDED That: 1. The information contained in the report on Station Street, Penrith - 40km/h High Pedestrian Activity Area Scheme be received. 2. Community consultation be conducted with all shop owners, shopkeepers and stakeholders affected by the proposal, and any substantial objections be referred back to the Local Traffic Committee. 3. Subject to no substantial objections, design plan ref 0652.05.C01 Issue B by RJR Developments for Station Street Site Number 5, dated 21/11/09, be finalised and endorsed for construction.
4. A Stage 3 Road Safety Audit be conducted prior to construction and any recommendations as part of the audit be addressed or implemented as required.
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GENERAL BUSINESS
GB 1 Jensen Street, Colyton – Request for Provision of ‘No Stopping’ Restrictions (Raised Council) |
A request has been received from a resident of St Clair for ‘No Stopping’ restrictions on the southern side of Jensen Street, Colyton, between Hewitt Street and Willoughby Street. The resident has indicated that vehicles (primarily all day parkers) from the small shopping complex at this location tend to use the on-street parking rather than utilising available parking within the complex and this hinders sight distance for vehicles.
An on-site inspection revealed that vehicles are being parked in the aforementioned area and hindering sight distance for vehicles exiting both the shopping carpark and also Jensen Street at Hewitt Street , and Willoughby Street at Jensen Street. The vehicles were parking in the subject location even though there was an oversupply of parking within the small shopping complex.
It is proposed to provide ‘No Stopping’ restrictions along the frontage of Jensen Street, Colyton, between Hewitt Street and Willoughby Street, for a distance of 98m, which would include return signs 10m into both Hewitt and Jensen Streets. It is anticipated this action will alleviate existing sight distance issues at this location.
RECOMMENDED
That ‘No Stopping’ restrictions be provided on the southern side of Jensen Street, Colyton, between Hewitt Street and Willoughby Street, for a total distance of 98m including return signs 10m into both Hewitt and Jensen Streets.
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GB 2 Carrington Road/Bennett Road, Londonderry – Request for Removal of ‘Stop’ Sign (Raised Mayor Crameri) |
Complaints have been received since the installation of the ‘Stop’ sign at the intersection of Carrington Road and Bennett Road, Londonderry, and drivers have advised that they now need to accelerate to get around the corner. The residents are concerned about traffic safety and request that the ‘Stop’ sign be removed. Council’s Road Network Services Engineer requested the Roads and Traffic Authority representative to follow up on a letter which was recently sent by Council regarding this matter. RECOMMENDED That the Committee note the information. |
GB 3 Regentville Road, Penrith – Proposed Provision of ‘No Stopping’ Restrictions (Raised Council) |
Council’s Road Network Services Engineer raised concerns regarding traffic safety in Regentville Road, Penrith at the cul-de-sac head where Penrith Mazda is located. The Roads and Traffic Authority have advised that at a recent meeting with Council officers and Penrith Mazda representatives, it was noted that a large number of vehicles are unable to turn around at the cul-de-sac bulb due to the number of parked vehicles, and are using the Penrith Mazda driveway to turn around. The Roads and Traffic Authority representative suggested provision of parking restrictions in the cul-de-sac bulb rather than having drivers perform a three-point turn in a private driveway. RECOMMENDED That: 1. Community consultation be conducted with affected businesses in the cul-de-sac in Regentville Road, Penrith, with a view to providing ‘No Stopping’ restrictions around the cul‑de-sac bulb, and any substantial objections be referred to the Local Traffic Committee. 2. Subject to no substantial objections being received, full-time ‘No Stopping’ restrictions be provided around the cul-de-sac bulb in Regentville Road, Penrith. |
There being no further business the Chairperson declared the meeting closed, the time being 10:55am.
That the recommendations contained in the Report and Recommendations of the Local Traffic Committee meeting held on 7 December, 2009 be adopted.
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14 December 2009 |
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A Leading City |
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REPORT AND
RECOMMENDATIONS OF THE
Policy Review Committee MEETING
HELD ON 7 December, 2009
PRESENT
His Worship the Mayor Councillor Kevin Crameri OAM, Councillors Jim Aitken OAM, Kaylene Allison, Robert Ardill, Greg Davies, Mark Davies, Tanya Davies, Ben Goldfinch, Prue Guillaume, Marko Malkoc, Karen McKeown, Kath Presdee and John Thain.
LEAVE OF ABSENCE
Leave of Absence was previously granted to Councillor Jackie Greenow for the period 30 November 2009 to 11 December 2009 inclusive.
APOLOGIES |
An apology was received for Councillor Ross Fowler OAM. |
CONFIRMATION OF MINUTES - Policy Review Committee Meeting - 16 November 2009 |
RECOMMENDED that the minutes of the Policy Review Committee Meeting of 16 November 2009 be confirmed. |
DECLARATIONS OF INTEREST
There were no declarations of interest.
DELIVERY PROGRAM REPORTS
A Leading City
2 Penrith Regional City Infrastructure Strategy Group Manager – Leadership, Ruth Goldsmith and Sustainability & Planning Manager, Paul Grimson introduced the report and invited Chris Wajzer from SGS Economics & Planning who gave a presentation. |
RECOMMENDED That: 1. The information contained in the report on Penrith Regional City Infrastructure Strategy be received. 2. Council endorse the Penrith Regional City Infrastructure Strategy as a platform for advocating the infrastructure needs of the City with the State and Federal Governments and the service authorities. 3. Council request the Premier of NSW, via the Department of Premier and Cabinet, to auspice the preparation of a Structure Plan for Western Sydney to define, fund, co-ordinate and deliver the physical and social infrastructure required to meet the objectives of the Metropolitan and Subregional Strategies for Western Sydney. In pursuing this initiative Council: (a) seek the support of the member Councils of WSROC, the NGAA, the Urban Development Institute of Australia (UDIA), the Property Council of Australia, the Planning Institute of Australia (PIA) and the Australian Institute of Urban Studies (AIUS) for the preparation of a Structure Plan for Western Sydney through similar representations to the Premier; and (b) approach the respective Western Sydney members of State and Federal Parliaments seeking their support for the preparation of a Structure Plan for Western Sydney. 4. A further report on alternative arrangements for the funding of local and district infrastructure be presented to Council upon finalisation of the State Government review of Council’s Section 94 Plans and the IPART review into the revenue framework for local government. 5. The Federal and State Opposition Governments be advised of the Penrith Regional City Infrastructure Strategy and the recommendations identified in the report. 6. Mayors and General Managers from Western Sydney Councils be invited to participate in a forum which discusses the proposed Structure Plan for Western Sydney before the Plan is taken to the Federal and State Governments.
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Councillor John Thain left the meeting, the time being 8:03pm.
Councillor Kath Presdee left the meeting, the time being 8:03pm.
Councillor John Thain returned to the meeting, the time being 8:04pm.
Councillor Kath Presdee returned to the meeting, the time being 8:05pm.
A City of Opportunities
3 Youth Speak Out and Youth Leadership Summit Councillor Mark Davies left the meeting, the time being 8:05pm. Councillor Mark Davies returned to the meeting, the time being 8:07pm. Community & Cultural Development Manager, Erich Weller introduced the report and invited Community Programs Coordinator, Tracy Leahy and Youth Development Officer, Katerina Tahija who gave a presentation. |
RECOMMENDED That: 1. The information contained in the report on Youth Speak Out and Youth Leadership Summit be received. 2. Council reconfirm its present best practice model to consult and engage with young people. 3. Council seek a further report after receiving input into the action plan through further consultation with young people involved in the original forums as well as others, prior to the adoption of the Youth Action Plan 2010-2012.
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A Leading City
1 Review of 2005-2009 Strategic Program Councillor Ben Goldfinch left the meeting, the time being 8:47pm. Councillor Ben Goldfinch returned to the meeting, the time being 8:49pm. Director – Craig Butler introduced the report and provided a brief overview of the highlights achieved during the 2005-2009 Strategic Program. Councillor Marko Malkoc left the meeting, the time being 8:52pm. Councillor Marko Malkoc returned to the meeting, the time being 8:53pm. Councillor John Thain left the meeting, the time being 8:53pm. Councillor John Thain returned to the meeting, the time being 8:54pm. |
RECOMMENDED That: 1. The information contained in the report on Review of 2005-2009 Strategic Program be received. 2. A copy of this report, together with a letter of appreciation, be forwarded to the Councillors who served on the Council during the implementation of the Strategic Plan 2005-2009 “The Competitive Edge”.
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A Green City
4 State Environmental Planning Policy (Affordable Rental Housing) 2009 |
RECOMMENDED That: 1. The information contained in the report on State Environmental Planning Policy (Affordable Rental Housing) 2009 be received. 2. The information contained in this report be provided to the Environmental Planning Department for consideration in the next review of the Development Contribution Plans and to the Local Plan Team for their consideration in the preparation of the Integrated Local Plan.
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5 Swimming Pools Register and Compliance System |
RECOMMENDED That: 1. The information contained in the report on Swimming Pools Register and Compliance System be received. 2. A program to raise the awareness of pool owners in regard to their responsibilities for maintaining barriers around their pools be implemented. 3. A further report be brought back detailing the length and breadth of the intended educational awareness program and the associated cost of the program. |
There being no further business the Chairperson declared the meeting closed the time being 9:44pm.
That the recommendations contained in the Report and Recommendations of the Policy Review Committee meeting held on 7 December, 2009 be adopted.
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Item Page
A Leading City
1 Decision Making Arrangements During the Christmas/New Year Council Recess
2 Preparations and Financial Settings for the 2010-2011 Operational Plan
3 Sustainability Scholarship in Memory of Louise Petchell
4 Council Property - Electricity Easement over Three Separate Parcels of Land at Cranebrook, Glenmore Park and St Marys
5 Amendments to the Fees & Charges - St Marys Memorial Hall and Glenmore Park Child and Family Centre
6 Regional and Local Community Infrastructure Program - Strategic Projects funding opportunity
7 Summary of Investments & Banking from 1 November 2009 to 30 November 2009
A Green City
8 Fire Safety Assessment of Centro Lennox, Lot 1 DP 610862 Pyramid Street Emu Plains. Owner: CPT Custodian Pty Ltd
9 Site Compatibility Application under SEPP (Housing for Seniors or people with a Disability) 2004 for the Penrith Golf Club, The Northern Road, Penrith. Applicant: Cityscape Planning & Projects; Owner: Penrith Golf Club
Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.
10 Section 96 Application (DA03/2784.04) to modify condition 18 vary the release restriction on the use of land relating to building height at Lot 1041 - 1048 DP 1128253 Harold Bentley Way, Glenmore Park. Applicant: Proust & Gardner Consulting Pty Ltd; Owner: Nergl Developments Pty Ltd DA03/2784.04
Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.
A Liveable City
11 Path paving construction request in Cambridge Park
12 Tender Reference 28-09/10 Supply & Installation of Pool Water Heating Equipment
A Vibrant City
13 Magnetic Places Community Cultural Grants Program 2009-2010
A Leading City
Item Page
1 Decision Making Arrangements During the Christmas/New Year Council Recess
2 Preparations and Financial Settings for the 2010-2011 Operational Plan
3 Sustainability Scholarship in Memory of Louise Petchell
4 Council Property - Electricity Easement over Three Separate Parcels of Land at Cranebrook, Glenmore Park and St Marys
5 Amendments to the Fees & Charges - St Marys Memorial Hall and Glenmore Park Child and Family Centre
6 Regional and Local Community Infrastructure Program - Strategic Projects funding opportunity
7 Summary of Investments & Banking from 1 November 2009 to 30 November 2009
14 December 2009 |
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A Leading City |
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1 |
Decision Making Arrangements During the Christmas/New Year Council Recess |
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Compiled by: Stephen Pearson, Executive Services Officer
Authorised by: Glenn Schuil, Acting Executive Officer
Strategic Objective: We demonstrate accountability, transparency and ethical conduct
Strategic Direction: We champion responsible and ethical behaviour
Executive Summary
The purpose of this report is to inform Councillors of the decision-making arrangements during the Council Christmas/New Year recess and of the development applications that may need to be determined over this period. The report recommends that the information be received.
Background
Tonight’s meeting is the last Ordinary Council Meeting for 2009 and the first Ordinary Council Meeting in 2010 will be on 1 February 2010.
During Council’s recess, the General Manager, in consultation with the Mayor, has extensive delegations to deal with issues that come before Council during the break, other than policy matters and those matters that cannot be delegated under the Local Government Act. The role of the Mayor is, among other things, to exercise, in cases of necessity, the policy-making functions of the governing body of the Council between meetings of the Council.
At its Ordinary Meeting of 6 December 2004, Council adopted a policy on the decision-making arrangements in relation to development applications during Council’s Christmas recess. A copy of the policy is appended to this report for Councillors’ reference.
Current Position
Councillors who have matters to raise during the break can contact the General Manager, or Directors and Group Managers to have them dealt with as quickly as possible. Councillors will be provided with a contact list for Directors and Group Managers and the people who will be acting for them in cases of leave.
At this stage, the following development applications may need determinations to be made between 15 December 2009 and 31 January 2010:
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1. DA09/1039 – 56 Nepean Ave Penrith – Two Storey Dwelling
Applicant: Daniel Briffa (Adan Creative Designs)
Owner: Mr V. and Mrs D. Lindeman
2. DA09/1044 – 231 Jamison Rd Penrith – Two Storey Dwelling
Applicant: Metricon Homes
Owner: Mr Nameer Abdulla
3. DA09/1055 – 54 Nepean Ave Penrith – Demolition of Existing and Construction of a Two Storey Dwelling
Applicant: Huxley Homes
Owner: Rosemary Lovell
4. DA09/1109 – 18 Eddy Ave St Clair – Single Storey Dwelling
Applicant: S and A Gorej
Owner: S and A Gorej
5. DA09/0804 – Lot 4330 DP 835330 (No. 19) Gagoor Close Claremont Meadows – Proposed Dual Occupancy and Strata Title Subdivision
Applicant: Joseph Berimballi
Owner: Joseph Berimballi & Rita Berimballi
6. DA09/0680 – Lot 1 DP 234088 (No. 48a) Gidley Street St Marys – Proposed Multi Unit Housing x 4 & associated landscaping
Applicant: Cynstate Pty Ltd
Owner: Cynstate Pty Ltd
7. DA09/0853 – Lot 59 DP 244894 (No. 10) Currawong Crescent Leonay – Proposed Dwelling Additions and Alterations
Applicant: Leesa C McIntosh
Owner: Leesa C McIntosh
That: 1. The information contained in the report on Decision Making Arrangements During the Christmas/New Year Council Recess be received. 2. Development Applications which would normally warrant reporting to Council between 15 December 2009 and 31 January 2010 inclusive be determined under the General Manager’s delegation by the General Manager, after consultation with the Mayor. 3. A report be presented to the Ordinary Council Meeting to be held on 1 February 2010 relating to the operations of the organisation during this period. |
1. View |
Policy - Decision Making Arrangements During Council's Christmas/New Year Recess |
2 Pages |
Appendix |
14 December 2009 |
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Appendix 1 - Policy - Decision Making Arrangements During Council's Christmas/New Year Recess |
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14 December 2009 |
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A Leading City |
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2 |
Preparations and Financial Settings for the 2010-2011 Operational Plan |
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Compiled by: Geraldine Brown, Budget Accountant
Ken Lim, Management Planning Co-ordinator
Andrew Moore, Financial Services Manager
Authorised by: Vicki O’Kelly, Group Manager - Finance
Strategic Objective: We demonstrate accountability, transparency and ethical conduct
Strategic Direction: Our decisions are based on research, evidence, and our responsibility to anticipate harm before it occurs
Executive Summary
This report provides a framework for the formal commencement of the development of the 2010-11 Operational Plan which represents the second instalment of Council’s 4 Year Delivery Program.
Council has a well-established history of planning for and reporting back to the Community through the then annual Management Plan, now Operational Plan. Over the years, Penrith’s model has continued to improve with the current 2009-10 Operational Plan reflecting the major reforms outlined in the changes to the Local Government Act in September 2009. These changes aim to better integrate Council’s Strategic Plan and Delivery Program with the achievement of a sustainable City and the delivery of services to the Community.
Although the current Operational Plan format does comply with legislation a few minor improvements will be made to the 2010-2011 Operational Plan with the aim of developing an even more effective base for accountability, performance reporting and communication to the Community on Council’s program.
The delivery of a balanced budget has been challenging over recent years and as detailed at the recent Councillor briefings held 21 September and 23 November 2009 it is likely that the development of the 2010-11 Operational Plan will be equally as challenging as Council balances the maintenance of existing services levels while looking to accommodate the emerging key priorities of the 4 year Delivery Program.
Details of the broad assumptions being used to formulate a base budget are contained within this report and the attached budget guidelines. This report recommends that Councillors endorse the preparation of a base budget in line with these assumptions which will be presented to the first Councillor Workshop on the 2010-2011 Operational Plan being scheduled for 15 March 2010.
The Operational Plan Structure
It is proposed that the Operational Plan format for 2010-2011 remains essentially the same as the format for 2009-10, consisting of two parts:
· The Part A - Operational Plan reflects the “operations” of Council in terms of the annual service plans and budgets. It provides a profile on every Council service and includes a service description, ongoing service activities, the Delivery Program link(s), service tasks and projects in 2010-2011, service budgets and key performance measures. This document will continue to form the basis for regular exception reporting to Council every quarter.
The only modification proposed is the inclusion of the “Service Level”. This is the annual amount and scope of work provided by that service. For example, the Service Levels for the “City Parks” service identifies that a total of 340 hectares of Sports grounds are to be managed by this service each year.
· The Part B – Fees and Charges provides full details of Council Fees and Charges for that year (arranged by services). This format is proposed to remain unchanged.
The approach outlined in this report is designed to meet all the current statutory requirements in the Local Government Act 1993 and will allow the maximum opportunity for Council to guide management as to the shape which the Operational Plan should take.
Project Evaluation and Service Level Adjustments
Council’s new 4 year Delivery Program will provide the context by which all programs are rigorously evaluated, prioritised and resourced to reflect community needs and policy settings as reflected in Council’s selection of services and their levels.
‘Project Evaluation’ has been the name used for this component of Council’s Operational Plan development. Particular project proposals of merit will continue to be examined and prioritised through this process in 2010-2011. However, the great majority of projects are contained within established program settings, which Council, through its Operational Plan will confirm or adjust. The contemporary focus of the Project Evaluation process is therefore more strongly on proposed adjustments to service levels, as discussed below.
The Operational Plan development for 2010-2011 provides the opportunity for further review of all current service levels and the assessment of any proposals for adjustment. This will form the central focus of the ‘Project Evaluation’ process. Given the budget context discussed elsewhere in this report, the examination of all proposals will be rigorous and any bids will need to demonstrate strong links to the identified strategic priorities.
A further essential element of the Project Evaluation process is the nomination by Councillors for new projects or service enhancements for assessment and response by management. A “Councillor Project Nomination” form to register each proposal (often known as “bids”) was distributed to Councillors on 30 November 2009. The forms should be returned to Council Officers by 1 February 2010.
Financial Strategy and Revenue Policy
The Councillor Briefing held on 21 September 2009 provided an update on Council’s progress towards the implementation of the new Strategic Plan under the Integrated Planning and Reporting Framework. Particular focus was placed on the Resource Strategy highlighting the challenges Council would face in addressing all of the emerging priorities of the Delivery Program.
The Councillor Briefing on the 23 November 2009 highlighted the continuing challenges facing Council in the development of a balanced budget for 2010-11. The development of the 2009-10 Operational Plan presented a number of difficulties in delivering a balanced budget which required a number of initiatives to be included. Among these initiatives were a number of one-off service adjustments. Council’s Long Term Financial Model also forecast a number of difficult years ahead and as a consequence it is evident that based on current service levels Council would not have the capacity to accommodate these emerging priorities.
The completion of the 2008-09 year resulted in Council reporting a deficit further highlighting the difficulties of the current financial climate. Council Officers undertook a Service Review of all services to critically assess not only the Services that we provide but also the efficiency with which they are provided. These reviews, led by the Group Managers, have now been completed and have been considered by the Corporate Management Team (CMT). The outcomes of these reviews will be brought to Council early in the new year.
Further development and investigation of the Delivery Program identified a number of emerging priorities for Council to consider that are currently not funded. These priorities have been linked to the following themes:
· Regional City Infrastructure
· Service Enhancements and
· Asset Renewal
A number of funding options are available to provide additional funding for key priorities and will need to be considered as part of the 2010-11 Operational Plan development.
Budget Preparations
Each year Council is required to prepare a budget which represents the annual instalment of Council’s four-year Delivery Program as part of the Operational Plan process. In preparing the budget, Council must comply with relevant provisions of the Local Government Act, other legislation, Council financial management objectives, and other adopted Council policies.
A copy of the Annual Budget Guidelines (Attachment A) is included with this report which summarises in one document those issues involved in the preparation of Council’s annual Budget and associated Fees and Charges booklet. This document provides a general guide and is regularly updated as new policies are developed or current policies revised.
The annual budget process is presently underway and in accordance with Council procedure the initial 2010-11 budget is being prepared on the basis of continuing existing service levels. The first draft of the 2010-11 budget is prepared by taking the current year’s budget, removing one-off items, making adjustments to wages and other major items, and including any other policy changes as required and the reinstatement of all one off adjustments made during the development of the 2009-10 Operational Plan. Provision is made for works programs and project funding that reflects previous Council funding decisions and policy settings. Following on from this process the draft budget is presented to management for review and discussion.
Changes requested by Managers are reviewed to determine if the item is a required cost change or a service level change. Service level changes require a resourcing bid and specific endorsement by Council. Cost changes, such as CPI increases, or award increases associated with delivering the same program, form part of the base.
In addition, any known variations from the current year will be incorporated into the base budget as soon as the information becomes available. Further details are provided on the most significant of these variations later in this report. Any assessment regarding available funds at this time must be highly qualified, as many variables cannot be forecast with accuracy at this stage. Significant factors affecting the level of available funds in 2010-11 include the approved Ministerial Rate rise and the level of development related income. Advice will be actively sought in regard to these and any other emerging issues, and if available, the information will be incorporated into the draft 2010-11 budget prior to the second Operational Plan Workshop on 12 April 2010.
In order to prepare the next budget, it is proposed that the following process (similar to that utilised for the 2009-10 Operational Plan) be followed:
1. Non-discretionary costs and charges will be estimated.
2. Labour costs will be estimated. Continuation of the same extent of service provision will form the base to which Council directives for increased or amended service will be added, in order to determine costs.
3. Funding which has a particular purpose, such as grants or s94 contributions, will be directed towards that purpose.
4. Established replacement and renewal programs will be continued in accordance with the relevant Council resolutions.
5. Rating and other general revenues will be estimated.
6. Fees will be calculated in accordance with existing principles, which link each individual fee to a particular pricing mechanism. Income will be estimated from the fee.
7. A first draft budget is developed. This draft then forms the starting point for Council to determine its budget.
8. Further analysis and discussion of any unallocated revenue will take place to consider potential new requirements from Council’s strategy, project evaluation bids, major projects, organisation resourcing, debt management, Council reserves and available funds.
As a result of following this process a draft 2010-11 budget will be completed by March 2010 forming the basis for budgetary discussions at the first Operational Plan Workshop on 15 March 2010. A Briefing Paper will be presented at this workshop that will identify available funds, major budgetary changes from the previous year, recurrent or multi-year projects included in the draft budget, and highlight any outstanding issues requiring direction.
A Finance Working Party meeting is planned prior to the first Operational Plan workshop to allow Council to consider the findings of the Service Reviews recently undertaken and review the Rating Policy including the effects of the updated land valuations received from the Valuer- General.
Increased capacity for the expansion of services or to accommodate emerging priorities has in recent yeasr been increasingly difficult to identify. As discussed at the Councillor Briefings in September and November 2009 it is likely the development of the 2010-11 Operational Plan will again require some tough financial measures to ensure that a balanced budget is delivered and achieved.
At this stage of the annual budget process the following assumptions have been made and will be incorporated in the preparation of the draft 2010-11 budget:
1. Labour Costs
a) Award increase
Council’s recent Enterprise Bargaining Agreement concluded in November 2009. This agreement included salary increases for staff of 4% in November 2008 and 3.5% in November 2009.
Negotiations will commence soon for a new agreement which is expected to be in place by November 2010. At this time it is estimated that employee costs will rise by approximately 4%, however this will be dependent on the outcome of award and workforce policy negotiations.
b) Salary System
Council’s salary system provides staff with the opportunity to advance through the system via a skills and knowledge and performance based assessment. A provision of 1.8% will be made for 2010-11 to allow for staff progression through the salary system. An additional allowance will be made for Council’s Employee Performance Planning and Review system which allows employees to receive a 1% bonus based on their performance.
c) ELE Reserve
Council policy is to maintain an amount of 20%, averaged over three years, of leave entitlements (excluding annual leave) in the Employee Leave Entitlements (ELE) Reserve. In recent years the reserve has been used to assist in the funding of costs associated with the resignation/retirement of a number of long-serving employees. At 30 June 2009 the reserve was holding the equivalent of 15.7% of leave entitlements.
A strategy was developed incorporating known and probable retirements to bring the Reserve back to the agreed 20% over the next three years. This strategy involved a transfer to Reserve of $200,000 in 2009-10, and the inclusion of a transfer to the Reserve of $300,000 in the 2010-11 and 2011-12 base budgets. The adoption of the 2009 September Quarterly Review allowed identified salary savings to be transferred to the ELE Reserve to accelerate this strategy. In addition, during 2009-10 it is proposed that the transfer of salary savings to the ELE Reserve be considered at each Quarterly Review. It is currently projected that the ELE Reserve balance will be 17.45% by June 2010 and 20% by June 2012.
d) Superannuation
The minimum level of superannuation for employees who are not members of the Local Government Superannuation Scheme (LGSS) Defined Benefit scheme will continue to be 9% of wages.
For a number of years Council had benefited from a contribution “holiday” for members of the Defined Benefits scheme however from the 2008-09 financial year the LGSS advised that the full contribution rate was required for members of this scheme. Late in the 2009-10 budget development process advice was received from the LGSS that due to the effects of the global financial crisis that significantly increased contributions would be required. Council currently has 198 employees covered by this scheme with contributions required for 2010-11 estimated at $3.6m (down from $3.8m in 2009-10).
e) Workers Compensation
Workers Compensation premiums increase and decrease significantly with claims history. Recent history also shows a significant growth in the premium, independent of claims patterns. Estimates are usually made as late as possible so that the impact of any changes in claims can be included.
Current claims estimates, combined with the Work Cover calculation factor, may lead to a decreased premium compared to the current 2009-10 estimate of $2.0m for 2010-11. This estimate will continue to be reviewed during the budget development process with consideration given to the transfer of any savings that eventuate to the insurance reserve due to the variability of this estimate.
Council is working towards a Self Insurance Model for workers compensation insurance which could see significant savings however it is not expected that this model could commence before 1 July 2011.
2. Non-Discretionary Costs
a) Electricity Supply (General & Street Lighting)
There are two main streams of electricity supply:
· Major sites
· Electricity supply for street lighting.
Major Sites
Energy Australia is the current provider for these sites with the contract due to expire on 30 June 2010. A new tender is being issued later this financial year (WSROC group tender), and a new contract is expected to be in place from 1 July 2010. As a result the new rates that will be applicable for 2010-11 are at this stage unknown. However the predicted charges for the new contract in relation to base electricity charges are expected to remain stable with any savings achieved through the tender and reduction in consumption through sustainability initiatives to be offset by rising prices.
If the Federal Government’s Emissions Trading Scheme progresses it is expected that the full budgetary impact will need to be factored into the 2011-12 Operational Plan.
Street Lighting
There are 2 main components of street lighting costs:
· Supply of Electricity (Energy Australia)
· Asset maintenance service charges (Integral Energy)
Supply of Electricity
The current contract arrangements negotiated with Energy Australia will expire in June 2010. It is expected that the overall supply cost under the new contract will remain stable. In order to provide for an allowance to cover expansion in street lighting assets and the subsequent increase in usage it is recommended that a 2% increase is provided to account for possible expansion and a 3% increase for transmission costs.
Asset Maintenance and Service Charges
The second component of Asset Maintenance and service charges represents the largest cost area for street lighting. Existing rates are predicted to increase by 3% and will be affected by the level of expansion in 2010-11. In addition, an allowance for an increase in street lighting assets of $40,000 is proposed.
b) Loan Repayments
Interest rates fell to record low levels in 2009 resulting in decreased debt service costs for Council’s annual borrowing program. Considerable savings were also realised by renegotiating some existing loans at considerably lower rates than those that were on offer when the funds were originally borrowed.
Interest rates are now on the rise. It may be financially beneficial to fix the 2010-11 borrowings for the full term of the loans as economists anticipate a gradual but steady increase in interest rates in coming years.
The current estimate of loan repayments for 2010-11 is $6.6m of interest ($4.3m in 2009-10) and $3.9m of capital repayments ($7.1m in 2009-10).
c) Telephone
New contracts for telephone and associated services were implemented during October 2008 with the impact of these contracts on budget estimates for 2010-11 varying depending on the service stream:
· Mobile phones- the annual cost of mobile phones is expected to remain unchanged with any variation depending largely on usage patterns.
· Fixed Voice services –while charges have been lowered it is predicted that slightly increased usage will result in total costs remaining relatively constant.
· Internet Provider Services – under the current contract it is expected that the annual cost of data and internet services will remain unchanged over the next two years.
d) Insurance Costs
Public Liability/Professional Indemnity Insurance is estimated to increase by $90,000 to $990,000 in 2010-11, an increase of 10%. Westpool group insurance is affected by global market forces which are expected to rise in 2010-11. Penrith City Council’s proportional contribution will fluctuate as a result of theses forces as well as the claims made against Council as a proportion of claims made against all Westpool members. Westpool is currently reassessing its premium calculation method to ensure there are no radical fluctuations, with the view to a maximum change of 20% in any one year.
Premiums for ISR (property) insurance are expected to increase by $38,970 to $428,670 in 2010-11, which is approximately a 10% increase over the original 2009-10 budget.
The estimated annual fleet insurance premium increases from $216,000 in 2009-10 to $236,100 in 2010-11, an increase of 9%. In order to stabilise the cost of premiums Westpool moved from a bulk purchase scheme to a self-insurance program in 2009-10. This increase in premium for 2010-11 represents the actuarial estimates required for self-insurance and reflects the increased cost of parts and repairs. Some of these increased costs will be recouped from drivers of the light vehicle fleet and plant hire rates.
Nonetheless the motor vehicle insurance premium compared to private comprehensive insurance (average of $1,000) remains favourable, with insurance cost per fleet passenger vehicles increasing from $434 in 2008-09 to approximately $480 in 2009-10 The Risk Management Coordinator continually reviews this area with the aim of implementing measures to minimise claims.
An allowance has been made for new policies for principal controlled insurance which may be required to ensure that capital projects are sufficiently covered. This has seen the premium for Other Insurance increase by $21,000 from $14,000 in 2009-10 to $35,000 in 2010-11 representing a 150% increase.
Insurance excess budgets are expected to remain unchanged for 2010-11.
3. Replacement and Renewal Programs
Council currently has a number of continuing multi-year programs in place. These programs include:
· Routine plant and vehicle replacement
· Buildings asset renewal (partly funded by AREAS, Property Development Reserve and Loan funds)
· Roads program (partly funded by AREAS)
· Drainage
· Footpath program
· Environmental planning studies
· Computer replacement program
· Library Resources
· Enhanced Environmental Program (EEP)
· Graffiti management and renewal (partly AREAS funded)
· Public domain maintenance (partly AREAS funded and loan funds)
· Established areas revitalisation (AREAS funded).
· Parks Asset Renewal Program (10 years)
· Tree Removal Program (5 years)
· Public Amenity Replacement Program (10 years)
Details of proposed programs for 2010-2011 will be presented at the Operational Plan workshops.
4. Rating Revenue
Ministerial Rate increases have traditionally been below the increase in wages that occur most years. As a consequence, Council has needed to find additional revenue or cost savings each year in order to continue to provide the same level of service. In some years, increased revenue from a growing population has been utilised, while cost savings have also contributed.
A net increase of $4.1m for rates income over the original estimate for 2009-10 will be included in the draft 2010-11 budget incorporating an estimated 3.0% Ministerial increase for rates. Factored into this increase is growth of $1.3m, with $850,000 being predicted growth in non-residential rates. Any 1% variance in the Ministerial Rate increase represents $770,000 in rates income.
A further report specifically on rating will be presented to Council through the Operational Plan workshop process.
5. Specific Purpose Funding
a) 2002-03 Special Rate Variation
Funding for programs specified in the application for special rate rise in 2002-03 are increased each year by the Ministerial Rate rise as applies to normal rates. These programs are the Enhanced Environmental Program, the Community Safety and Neighbourhood Renewal Program, and the Economic Development Program.
b) 2004-05 Special Rate Variation
The charge to residents using Council’s sullage removal service was previously subsidised by the domestic waste management charge paid by all residential ratepayers. Due to a change in the Local Government Act, Council was unable to continue this practice from 2004-05. A special rate variation was applied for and received to subsidise the cost of this service for those households not having access to sewerage services. Each year funding for the sullage services is increased by the Ministerial Rate rise, however as more households connect to the sewer the subsidy required will decrease. Funding from the rate rise that is not required for the sullage service is transferred to the Reserve to be used to fund environmental projects throughout the City.
c) 2006-07 AREAS Special Rate Variation
In the 2006-07 financial year, Council was given Ministerial approval for a special rate variation to provide increased funding for infrastructure renewal and public domain maintenance (including roads, buildings, graffiti removal and street cleaning), as well as maintenance of the Penrith City Centre and St Marys Town Centre, and programs addressing the needs of the City’s older areas. Funding for AREAS is increased each year by the Ministerial Rate rise.
d) Domestic Waste
Residential properties, including vacant land, in the Penrith City Council area are required to be charged for domestic waste services under the provisions of the Local Government Act. The Fees and Charges section of the Operational Plan includes different service combinations, which create individual Domestic Waste sub-charges for each property. The Domestic Waste function is required to be self-funding. This means that waste charges are set by Council to cover the cost of domestic waste collection services, landfill costs, education and promotion, and other associated services.
A new 3-bin waste service was introduced in August 2009, for the collection of organics, recyclables and residual waste in the urban areas of the City. The 2-bin system continues for non-urban properties and properties with multi-unit dwellings.
The 3-bin collection service was introduced to assist in achieving the waste-to-landfill diversion rates set by the State Government and other environmental issues associated with waste disposal. In 2009, the State Government introduced a new waste levy structure targeting landfill disposal rates with the aim of creating greater diversion and resource recovery practices. A proportion of the waste levy paid by Council is returned annually via the Waste and Sustainability Improvement Payments (WaSIP) program provided that Council satisfies the criteria set by the State Government. The criteria include, but are not limited to, the development and implementation of waste avoidance and resource recovery strategies and associated services. New criteria is set by the Department of Environment and Climate Change (DECC) each year and Council must comply with all previous criteria and any new criteria that are developed.
The waste levy paid is currently $58.80 per tonne and will increase by $10 per tonne plus CPI for the next six years resulting in a levy of over $111.80 per tonne in 2021. The levy will apply to all waste collected from residual waste bins (red lid) if the waste is disposed at landfill which is the current practice. The levy does not apply to the organic waste (green lid), or to recyclables (yellow lid) except for contaminated loads.
Council’s pricing structure for Domestic Waste Services in past years was set to encourage households who generated less waste to take up the smaller bin option with the charge for the smaller service set below full-cost recovery. As charges for some of the Domestic Waste Service options in the 2009-10 Operational Plan did not reflect the actual cost for these services they will be reviewed for the 2010-11 Operational Plan to reflect full-cost recovery. The 2010-11 Domestic Waste Charge will be developed around the standard service as the benchmark, with variations above or below the standard service based on full-cost recovery. Therefore, all service options in 2010-11 will be calculated to raise sufficient funds to cover all costs associated with the provision of the service, and also to contribute towards the funding of future waste services and technologies.
e) Developer Contributions and s94
S94 of the Environmental Planning and Assessment Act allows Council to require a contribution, if the subject of a development application, or of an application for a complying development certificate, is likely to require the provision of, or increase the demand for, public amenities and public services. In order to obtain s94 contributions, Council must first prepare a plan detailing the additional infrastructure that will be required. The developers can then be levied. At certain times it may be necessary to re-exhibit adopted plans where there are fundamental changes to the plan e.g. increased cost of providing the asset.
Council has little control over when the income is received, as it is linked to development rate in the market place. Council does control the timing of the expenditures, but is restricted in scope to the items in the plan. Both the income and the expenditure must be estimated in the budget. In some instances, Council may choose to borrow funds, in advance of receipt of the contributions, to facilitate the provision of infrastructure which in itself may stimulate development within the plan area.
As Council is aware the Minister for Planning issued a Ministerial Direction in January 2009 requiring that Local Infrastructure Contributions be limited to $20,000 per lot as and from 20 April 2009.
On reviewing Penrith City Council’s contribution plans a number of plans were deemed to exceed the $20,000, either by themselves or in conjunction with other plans. The plans affected by the direction and requiring review are:
· Werrington Enterprise Living and Learning (WELL) Precinct
· Glenmore Park Stage 2
· Claremont Meadows (Amendment No 1)
· Glenmore Park Stage 1
· Penrith City District Open Space
· Cultural Facilities
· Library Facilities
On 1 June 2009 the Minister issued a further direction advising of her decision in regards to our plans. The Direction identifies a timeframe and a number of actions to be undertaken in conjunction with the reviews, including independent assessments and business plans.
Council is currently undertaking the requirements set out in the Direction with initial investigation and review of plans showing that possible savings can be achieved in Glenmore Park Stage 2 and WELL Precinct plans. Completion of the review and business plans is due first quarter of 2010. One of the requirements was that Council could no longer levy for Library Resources and this became effective from the date of the Direction.
6. Fees and Charges
a) General Policy
Council is required under s404 of the Local Government Act to produce a list of fees charged by Council and a statement of Council’s pricing policy. The Fees and Charges volume of the Operational Plan complies with this requirement, by showing each fee and the price structure beside each fee or group of fees.
As part of the annual budget process Managers review the Fees and Charges document and recommend revised, and in some cases new fees for their area of operation. This annual review may involve applying an appropriate index, or may extend to a full costing or community benefit exercise. The extent of the review is determined by the degree of change that has occurred over the previous year. As the method of providing the service will usually be the same, the fee applicable will normally increase a small amount to reflect the impact of inflation (or wage rises) on the cost of providing the service. The level of subsidy will remain for those services that are subsidised to ensure that the original intent adopted by Council is maintained.
In preparation for the 2010-11 Fees and Charges Council is conducting a comprehensive review of all its Fees and Charges as a part of a holistic service review process within Council. The outcomes required through this review are:
· Removal of fees/charges no longer relevant
· Identification of additional fees/charges
· Consolidation and simplification of fees/charges where possible
· Assessment of the amount of the fee/charge.
b) Statutory Fees and Charges
Certain fees charged by Council are subject to direction through regulations and other state government controls. Information from the various controlling authorities will be requested, however information is generally not available at this time.
7. Financial Assistance Grant
A significant part of Council’s annual revenue ($10.8m in 2009-10) is derived from the Financial Assistance Grant (FAG) from the Federal Government, representing 7.2% of operating revenue. Local Government financial assistance grants are general purpose grants that are paid to local councils under the provisions of the Commonwealth Local Government (Financial Assistance) Act 1995.
This grant has two components, a general component and a roads component. The calculation of the grant is an extremely complex exercise and Council has no control over many of the factors. As it is an allocation of a pool of funds, the impacts of social and economic factors in other areas of the State will have an impact on the amount available for Penrith.
As reported to Council on 7 September 2009, the actual Financial Assistance Grant allocated to Penrith this year was $178,047 below the 3% estimate included in the original 2009-10 budget. This amount was only an increase of 1.3% on the actual 2008-09 allocation to Council. As part of the 2010-11 budget process a 3% increase has been applied to the actual 2009-10 Grant. This increases the Grant by $147,592, of which $40,850 relates to the roads component and is added to the roads budget according to Council policy.
8. Borrowings
In 2006-07 Council conducted a review of its annual borrowing program for infrastructure which resulted in increasing the annual program from $2.8m to $3.2m an increase of $400,000.
At this time specific purpose borrowing that has been identified for the draft 2010-11 budget is $913,000 to fund the majority of the unfunded portion of AREAS projects as occurred in 2009-10. This funding strategy was endorsed during the 2006-07 budget preparation.
Borrowing levels for the past few years are shown in the following table:
New Money Borrowings
|
2006-07 |
2007-08 |
2008-09 |
2009-10 |
Proposed 2010-11 |
Infrastructure Borrowings |
$3.2m |
$3.2m |
$3.2m |
$3.2m |
$3.2m |
Penrith Valley Cultural Precinct |
$0.3m |
$1.3m |
|
|
|
Drainage – Lambridge Estate |
$0.7m |
|
|
|
|
Footpath Program |
|
$2.0m |
$2.0m |
|
|
Asset Renewal |
|
$0.3m |
$0.9m |
$0.9m |
$0.9m |
Civic Centre ext. |
|
$2.0m |
|
|
|
Ripples Asset Renewal |
|
|
$0.8m |
|
|
Property Acquisition |
$2.0m |
$2.1m |
|
|
|
Glenmore Park Child & Family Precinct |
|
|
$1.3m |
|
|
Total |
$6.2m |
$10.9M |
$8.2m |
$4.1m |
$4.1m |
Any additional projects, above the borrowing targeted by the debt reduction policy, will be included in accordance with a practice of using additional loan funds where there will be a positive net cash flow achieved. The figures do not include any refinancing of existing loans which may occur periodically when contractual arrangements and interest rate differentials make it advantageous.
9. Interest on Investments
Council’s portfolio is expected to remain between $50m and $60m during 2010-11. The funds will continue to be invested in the optimum mix of fixed and floating rate securities. At this time the target rate of return on the portfolio is 6.0%. Despite recent fluctuations in financial markets which saw the cash rate fall to a record low of 3% in 2009, the Reserve Bank is gradually raising interest rates as Australia begins its recovery from the global financial crisis.
Long Term Model
The use of a ten-year financial model is a key factor in the planning for the achievement of a sound long-term financial position for Council. The model extrapolates the current year base budget, incorporates recurrent projects, future capital projects and associated recurrent costs, debt servicing, rates projections, and has the capacity for a number of budget variables to be applied. Future years’ forecasts are linked to the Operational Plan and provide a means of assessing the long-term financial implication of current year decisions.
It is important to keep in mind when projecting budgets over such a long period that estimates can alter significantly when assumptions are reviewed, particularly when the variances apply to larger items such as employee costs or rates. However, the model remains an important planning tool and is regularly updated with current data to ensure its usefulness in providing information for Council’s financial planning decisions.
The model will continue to be updated throughout the budget process, and further information in regard to future years’ available funds will be presented to the Operational Plan Workshops.
Further Budget Considerations
The above information details the procedural aspects of preparing the draft 2010-11 budget following existing practices, and highlights the major factors known at this time affecting the budget predictions. These items are intended to create the base position from which Councillor input is required in order to prepare a budget that corresponds with Council’s priorities.
Further budget issues that are proposed to be addressed at the Operational Plan Workshops in March and April 2010 are:
· Analysis of reserves which will indicate proposed programs and/or excess capacity to fund from reserves
· Major projects and their funding requirements
· Rating Policy which determines the relative share that will be contributed by Residential, Business, and Farmland properties
· Draft Fees and Charges
· Long term financial projections
· Development Related Income
· Project Evaluation bids – Service level adjustments and Councillor bids
The Operational Plan preparation process should proceed on the above criteria. This will allow draft documents to be created which will facilitate decisions regarding Council’s capacity to provide its diverse range of services, address its existing and new priorities for the City, and make any necessary adjustments.
Operational Plan Timetable
The proposed timetable for the development of the 2010-11 Operational Plan, based on the factors discussed above and the adopted Council meeting schedule for 2010, is outlined in the following table:
Outline Timetable for Development of the 2010-2011 Operational Plan
Key Dates |
Action or Requirement |
December 2009 to February 2010 |
· Draft Operational Plan preparation continues · Councillor nominations received for the Project Evaluation process. |
February 2010 |
· Finance Working Party to discuss outcomes of Service Review, Fees and Charges Review, Ratings structure and impact of revaluations. |
15 March 2010 |
1st Council Operational Plan Workshop: · Confirmation that the initial Draft Plan and Budget reflects Council’s program and policy directions. |
12 April 2010 |
2nd Council Operational Plan Workshop: · Follow up from Council's directions given at the first Workshop · Revised draft of Operational Plan information and determination of priorities for resourcing where required |
3 May 2010 |
Report to Ordinary Meeting: · Adoption of Draft Operational Plan for Exhibition (including Fees & Charges). |
7 May - 4 June 2010 |
Public Exhibition of Draft Operational Plan (including Public Meeting May 31 and other consultations). |
21 June 2010 |
Report to Ordinary Meeting: · Adoption of 2010-2011 Operational Plan |
Conclusion
If Council is in agreement with the broad approach outlined above, then management will be well placed to continue the development of the draft 2010-2011 Operational Plan. Identification by Council of any particular issues to be considered and assessed in this process would further assist in this development.
This year again presents particular challenges in producing a balanced budget. Financial settings within which the budget must be developed include increasing community expectations with regard to maintaining and improving infrastructure, and escalating operational and capital costs that increases in rating revenue fail to match.
The present report initiates a series of discussions with Council that will ultimately lead to the development of a Draft Operational Plan for public exhibition and consultation.
That: 1. The information contained in the report on Preparations and Financial Settings for the 2010-2011 Operational Plan be received. 2. Council make initial identification of particular matters to be considered in the preparation of the Draft 2010-2011 Operational Plan. 3. Preparation of the Draft 2010-2011 Operational Plan continue in the terms discussed in this report. |
Annual Budget Guidelines - Councillors |
23 Pages |
Attachment |
14 December 2009 |
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A Leading City |
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3 |
Sustainability Scholarship in Memory of Louise Petchell |
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Compiled by: Carmel Hamilton, Sustainability Co-ordinator
Authorised by: Paul Grimson, Sustainability & Planning Manager
Strategic Objective: We demonstrate leadership, and plan responsibly for now and the future
Strategic Direction: We build our future on the principles of sustainability, and understand and respond to the effects of climate change on our region
Executive Summary
This report recommends that a scholarship be created as a lasting legacy of the contribution of Council’s former Sustainability Unit Coordinator, Louise Petchell, to advancing the sustainability of Council and the City as a whole.
The scholarship will be open to all Council staff and will encourage the development of additional skills and knowledge in the area of sustainability.
Background
Sustainability in Penrith City was driven by Council’s former Sustainability Unit Coordinator, Louise Petchell, who passed away suddenly in April 2009. Louise was recognised across Australia as an effective and passionate advocate for sustainability, and helped position Penrith City Council as a leader in sustainability by effectively integrating the principles of sustainability throughout our organisation.
It is proposed that a scholarship be developed in Louise’s memory as a lasting legacy, built around her passion for encouraging staff from across the organisation to recognise the opportunities in their role to embrace the principles of sustainability. The scholarship would also provide recognition of the immense value that Louise placed on lifelong learning and skills development, and on encouraging everyone to reach their full potential.
A scholarship, made available to staff, to the value of $5,000 per year is proposed to fund learning and skills development in the area of sustainability, with the term ‘sustainability’ to be considered in its broadest possible sense. This scholarship would act to improve the level of skills, knowledge and experience currently held by the organisation in the area of sustainability, and would also assist in integrating the principles of sustainability more broadly throughout the organisation.
Input has been sought from members of Louise’s family on the proposed scholarship and they have advised Council that they would be pleased and proud to have a scholarship for sustainability named in honour of Louise. It is proposed that the scholarship would be called the ‘Louise Petchell Learning for Sustainability Scholarship’.
Management of the Scholarship
The scholarship will be managed by a Selection Committee on behalf of Council, comprising interested Councillors, senior management and staff with sustainability expertise. As a minimum it is suggested that the Committee would comprise:
§ Council’s Sustainability Champions, Councillors Karen McKeown and Tanya Davies;
§ Director (Craig Butler)
§ Group Manager - Leadership
§ Learning & Development Coordinator
§ Sustainability Coordinator
The Committee will be responsible for considering and assessing all of the applications and making recommendations to Council regarding the awarding of the scholarship.
Each financial year interested staff from across the organisation would be invited to apply for the scholarship funding by completing a simple application form. The intention of the scholarship is to provide staff with the opportunity to further their knowledge or develop their skills in an area of sustainability that will have direct benefits to their role at Council and to the organisation as a whole.
It is proposed that the funds could be made available for any relevant study or training that could be completed within a twelve month period corresponding to the financial year. This would discount use of the funding towards the completion of a multi-year tertiary qualification that would be better aligned with assistance provided through Council’s existing Education Assistance Policy. Suitable applications could include attendance at a short course or workshop, or the completion of a study tour of leading practice organisations or facilities.
To maximise the effectiveness of the scholarship a set of selection criteria will need to be developed and agreed to by the Selection Committee. These criteria could include items such as:
§ Value for money;
§ Level of interest in and commitment to sustainability;
§ The potential for knowledge improvement and skills development;
§ The transferability of knowledge and skills to Council’s operations and activities; and
§ The commitment of the applicant towards sharing the knowledge and skills obtained.
Depending on the number and type of applications received it may be possible to split the scholarship money so that there is more than one successful applicant in any one year. Similarly, if the Selection Committee decides that there are no applications of sufficient merit then no scholarship would be awarded in that year.
The scholarship would be awarded by Council on the recommendation of the Selection Committee, with the funds to be made available for payment of invoices received by the successful applicant(s). No lump sum payments or direct payment to applicants will be made.
Receipt of the scholarship funding would be conditional on the successful applicant(s) sharing the knowledge and skills obtained through the activities funded by the scholarship in some way, as well as submitting a formal report following completion of their studies. For example, knowledge and skills could be shared through informal workshops, preparing a fact sheet or developing information for the intranet or internet.
Comment from Learning and Development Coordinator
Council has an established ‘Skill Shortage Scholarship Program’ budget from which a range of external scholarships are funded. There is currently $5,000 in this budget not committed to an established scholarship and therefore these funds can be used to cover the cost of the Louise Petchell Learning for Sustainability scholarship.
Comment from Financial Services Manager
As identified in this report Council has established a Skills Shortage Scholarship Program. The development of the 2010-11 Operational Plan proposes the continuation of this program and provides for a total budget of $26,000 in 2010-11. Council’s Learning and Development Coordinator has indicated that the Louise Petchell Learning for Sustainability Scholarship can be accommodated within this program.
Conclusion
The establishment of a sustainability scholarship in memory of Louise Petchell is considered an appropriate and fitting way to remember Louise’s legacy, and to ensure that the significant gains made in the area of sustainability during her time at Penrith City Council are enhanced.
That: 1. The information contained in the report on Sustainability Scholarship in Memory of Louise Petchell be received. 2. The Louise Petchell Learning for Sustainability Scholarship be established to commence in the 2010-11 financial year. |
There are no attachments for this report.
14 December 2009 |
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A Leading City |
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4 |
Council Property - Electricity Easement over Three Separate Parcels of Land at Cranebrook, Glenmore Park and St Marys |
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Compiled by: Bob Anderson, Property Officer - Valuation
Authorised by: Brian Griffiths, Property Development Manager
Vicki O’Kelly, Group Manager - Finance
Strategic Objective: We demonstrate leadership, and plan responsibly for now and the future
Strategic Direction: We deliver services for the City and its communities, and maintain our long term financial sustainability
Executive Summary
The installation of three separate padmounted substations is required by Integral Energy to provide adequate electricity supply. The three separate parcels of land are owned by Council and the detail with respect to each of these parcels is illustrated below.
The report recommends Council grant Integral Energy an Easement for a Padmount Substation plus connecting cables and a 3 metre Restriction as to User over the land parcels as a procedural matter and that the Common Seal of the Council of the City of Penrith be placed on all necessary documentation.
Compensation is required to be paid by Integral Energy over one of the land parcels at Cranebrook and it is recommended that the amount offered be accepted by Council.
Background
(a) Council is the owner of Lot 404 DP 1135832 Centauri Circuit at Cranebrook, recently dedicated as Public Reserve being part of the development relating to ten residential lots and the road construction completion of Centauri Circuit. The installation of a padmount substation was initially proposed as part of the development however, the installation did not eventuate at the time.
(b) Council is the owner of Lot 8100 DP 876748 Blue Hills Drive at Glenmore Park, that is a community use site on which the Glenmore Park Child and Family Centre is currently being constructed that consists of the Neighbourhood and Child Care Centre as well as the Coffee Shop/General Store.
(c) Council is the owner of Lot 8 DP 974985 at 2-6 Mamre Road St Marys that forms part of the Penrith Valley Cultural Precinct, including the redevelopment of the St Marys Memorial Hall.
Current Situation
Cranebrook
Integral Energy needs to install a new padmount substation to improve electricity supply to existing residences and also service the recent subdivision for the new ten lots on Centauri Circuit. The padmount needs to be a minimum of 4 metres from the boundary of the adjoining residential lot and an easement 2.75 x 5.5 metres is required to protect the works as indicated on the annexed plan.
The location of the padmount substation has been determined by Integral Energy in conjunction with Council’s Parks Department. Environmental considerations were addressed in determining the location, particularly with respect to Council facilities and the future residential dwellings that will be near the site.
As the adjoining lots were for sale, with some deposits taken, but still in the name of the developer, a Council notification letter was sent to the developer requesting that any intended purchaser be advised of the proposed substation and that submissions could be made. One telephone enquiry was received from the intended purchaser of the adjoining Lot 403 and no objections were received.
Council’s land is classified as “community” land under the Local Government Act 1993 and the easements will have little detrimental effect on the use as public reserves.
Compensation has been offered by Integral Energy in the amount of $5,500 (excluding GST) for the proposed easement based on valuations by an independent valuer of similar sites in other local government areas. The amount is considered to be fair and reasonable and is in conjunction with other areas defined as open space where Integral Energy requires easements.
Integral Energy will be responsible for all reasonable costs associated with the creation of the easement such as survey and legal expenses.
Glenmore Park
As part of the construction process relating to the Glenmore Park Child and Family Centre, a new padmount substation was required to be installed. A condition of the installation of the substation is the granting of an easement and restriction as to user in favour of Integral Energy.
The easement to be created over the new substation site is an Easement for Padmount Substation 2.75m x 5.5m, a Restriction as to User in relation to fire rating of buildings measured 3 metres from the substation plinth and an easement for connecting cables, as indicated on the attached plan.
A plan is being prepared by a registered surveyor to create the new easements and restriction as to user and the Council’s Common Seal of the Council of the City of Penrith needs to be placed on all necessary documentation.
Council is required to meet the expenses of the easement on the title as part of the development process for the construction of the Glenmore Park Child and Family Precinct.
St Marys
As part of the redevelopment of the Penrith Valley Cultural Precinct at St Marys, (bounded by Mamre Road, Swanston & Collins Streets and Great Western Highway) a new padmount substation was required to be installed. A condition of the installation of the substation is the granting of an easement and restriction as to user in favour of Integral Energy.
The easement to be created over the new substation site is an Easement for Padmount Substation 2.75m x 5.5m plus a Restriction as to User in relation to fire rating of buildings measured 3 metres from the substation plinth, as indicated on the attached plan. An easement for connecting cables is also required as the substation has been set back to allow for possible RTA road widening 4.5 metres wide.
Council is required to meet the expenses of the easement on the title as part of the development process for the reconstruction of the St Marys Memorial Hall.
A plan is being prepared by a registered surveyor to create the new easements and restriction as to user and the Council’s Common Seal of the Council of the City of Penrith needs to be placed on all necessary documentation.
That: 1. The information contained in the report on Council Property - Electricity Easement over Three Separate Parcels of Land at Cranebrook, Glenmore Park and St Marys be received. 2. Council grant Integral Energy an Easement for Padmount Substation and Restriction as to User over Lot 404 DP 1135832 Centauri Circuit at Cranebrook, Lot 8100 DP 876748 Blue Hills Drive, at Glenmore Park and Lot 8 DP 974985 No 2-6 Mamre Road at St Marys. 3. Compensation be paid by Integral Energy in the amount of $5,500 plus GST over Lot 404 DP1135832 Centauri Circuit at Cranebrook as well as all reasonable costs associated with the granting of the easement. 4. The Common Seal of the Council of the City of Penrith be placed on all necessary documentation. |
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Council Property - Electricity Easement over Three Separate parcels of Land at Cranebrook, Glenmore Park and St Marys |
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Appendix |
2. View |
Council Property - Electricity Easement over Three Separate Parcels of Land at Cranebrook, Glenmore Park and St Marys |
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Appendix |
3. View |
Council Property - Electricity Easement over Three Separate Parcels of Land at Cranebrook, Glenmore Park and St Marys |
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Appendix |
14 December 2009 |
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Appendix 1 - Council Property - Electricity Easement over Three Separate parcels of Land at Cranebrook, Glenmore Park and St Marys |
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14 December 2009 |
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Appendix 2 - Council Property - Electricity Easement over Three Separate Parcels of Land at Cranebrook, Glenmore Park and St Marys |
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14 December 2009 |
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Appendix 3 - Council Property - Electricity Easement over Three Separate Parcels of Land at Cranebrook, Glenmore Park and St Marys |
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14 December 2009 |
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A Leading City |
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5 |
Amendments to the Fees & Charges - St Marys Memorial Hall and Glenmore Park Child and Family Centre |
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Compiled by: Andrew Moore, Financial Services Manager
Authorised by: Vicki O’Kelly, Group Manager - Finance
Strategic Objective: We demonstrate leadership, and plan responsibly for now and the future
Strategic Direction: We deliver services for the City and its communities, and maintain our long term financial sustainability
Executive Summary
The purpose of this report is to advise Council on the outcome of the public exhibition of the proposed amendment to the Fees and Charges for St Marys Memorial Hall and the Glenmore Park Child and Family Precinct. The report recommends that the amended fees, as advertised, be adopted.
Background
The following Fees and Charges proposed amendments, as previously reported at the Ordinary meeting 9 November 2009, were placed on public exhibition from 13 November to 11 December 2009.
o St Marys Memorial Hall (see attachment )
o Glenmore Park Child and Family Centre (see attachment)
Conclusion
The public review period of the proposed fee amendments and statutory fee changes is scheduled to close on 11 December 2009 and at the time of writing this report no submissions had been received. In the event that Council receives submissions subsequently Councillors will be provided with further advice under a separate memo.
That: 1. The information contained in the report on Amendments to the Fees & Charges - St Marys Memorial Hall and Glenmore Park Child and Family Centre be received. 2. The amended fees as advertised be adopted. |
St Marys Memorial Hall |
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Attachment |
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Glenmore Park Child and Family Centre |
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Attachment |
14 December 2009 |
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A Leading City |
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Regional and Local Community Infrastructure Program - Strategic Projects funding opportunity |
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Compiled by: Ray Richardson, Grants Support Officer
Andrew Moore, Financial Services Manager
Authorised by: Vicki O’Kelly, Group Manager - Finance
Strategic Objective: We demonstrate leadership, and plan responsibly for now and the future
Strategic Direction: We deliver services for the City and its communities, and maintain our long term financial sustainability
Executive Summary
The Federal Government has announced a second and final round of Regional and Local Community Infrastructure Program (RLCIP) funding, which closes 15 January 2010.
This investment is intended to support local jobs during the global economic recession and provide long-term benefits to communities by assisting Councils to build and modernise local infrastructure.
The total funds available nationally is $120 million. Competitive applications are sought from Councils for large strategic projects seeking a minimum Commonwealth contribution of $1 million.
Preference will be given to projects which can demonstrate community benefit. Partnership funding is required and preference may be given to projects with greater co-contributions. Consideration will also be given as to whether Councils have completed their projects funded under the $250 million RLCIP program.
Applications will have a greater chance of success if they can quantify or otherwise demonstrate what the project will achieve, what the ongoing community benefits will be and how the project will be sustainable. Councils are encouraged to identify projects that address the needs of the local Indigenous population. Councils are also encouraged to consider environmental sustainability when preparing project proposals, and how their RLCIP activities will promote green building technologies, design practices and operations.
Three projects have been considered as being potentially suitable for this program: Ripples Leisure Centre Roof Replacement, Penrith Civic Arts Space and UWS Hockey Centre.
The report recommends that Council endorse the preparation of an application for improvements to Ripples Leisure Centre. The first round of this Program received far more applications than funding was available for. It is expected that the second round will receive a similar number of applications, indicating that our chances of securing a grant are low.
Regional and Local Community Infrastructure Program – Strategic Projects
On 25 June 2009, the Australian Government made an additional $220m available to boost the Regional and Local Community Infrastructure Program. This investment is intended to support local jobs during the global economic recession and provide long-term benefits to communities by assisting Councils to build and modernise local infrastructure.
Under the Regional and Local Community Infrastructure Program there are two components: a non-competitive, direct allocation of $100m shared amongst all local governments; and a competitive component where $120m will be made available for a limited number of large strategic projects seeking a minimum Commonwealth contribution of $1m. This report deals with the strategic projects opportunity.
Under the program, the maximum total of applications per Council is two; one application per Council and one as a participant in a group application. Local Governments may apply on behalf of local not-for-profit organisations.
Eligible projects must be additional, ready-to-proceed, or additional stages of current projects. Additional projects are those which have not been included in the Local Government’s financial budget for 2009/10 and can be brought forward as a result of Regional and Local Community Infrastructure Program – Strategic Projects (RLCIP-SP) funding. Projects that are ready-to-proceed are those that will begin construction within six months of signing the Funding Agreement (contract).
Funding will not be provided to bolster projects or discrete stages of projects that have commenced but have not completed the contracted activity. No further RLCIP-SP funding will be provided to enhance or complete projects.
RLCIP–SP will provide funding for community infrastructure including new works or major renovations and refurbishments such as:
§ social and cultural infrastructure (e.g. art spaces, gardens);
§ recreational facilities (e.g. swimming pools, sports stadiums);
§ tourism infrastructure (e.g. walkways, tourism information centres);
§ children, youth and seniors facilities (e.g. playgroup centres, senior citizens’ centres);
§ access facilities (e.g. boat ramps, footbridges and airports); and
§ environmental initiatives (e.g. drain and sewerage upgrades, recycling plants).
The following activities are eligible where they represent a minor component of the RLCIP-SP funding:
§ preparatory work such as necessary engineering and geotechnical studies; and
§ land surveys and site preparation.
Funding will not be available for activities that support Council operations such as ongoing costs (e.g. operational costs, wages, vehicle leasing and maintenance, upgrade of Council offices), those which make a direct contribution to private businesses, or those which benefit specific individuals (such as the renovation of a caretaker’s residence), or related infrastructure covered by the Roads to Recovery or Black Spots programs. Funding will not be provided for painting of halls, works of art, individual toilet blocks, tourist interpretive centres, office equipment, or stand alone equipment, that is not part of the construction activity or project management costs or consultants fees.
Grant funding must be fully expended by 30 June 2011.
Outcomes are the long-term benefits that a project brings to a community. For example, an increase in employment, improved community services, expansion of infrastructure to service a larger proportion of the community, upgrades to community facilities which result in community benefits or an increase in community capacity. Projects must provide a clear, direct and measurable benefit to local communities. Applications will have a greater chance of success if they can quantify or otherwise demonstrate what the project will achieve, what the ongoing community benefits will be and how the project is sustainable.
Project Assessment
Three major projects have been considered as potential candidates for a grant submission under the RLCIP-SP, namely construction of the; Ripples Leisure Centre roof replacement and sustainability enhancements; Penrith Civic Arts Space and an upgrade of the University of Western Sydney Hockey Facility.
Council is not a participant in a group application with other Councils. As a result, only one application may be submitted.
The details of the candidate projects are outlined below.
1 Ripples Leisure Centre
Background
It was reported to Council in June 2008 that an inspection at the Ripples Leisure Centre found extensive corrosion to the roof sheeting. On further investigation it was found the extensive corrosion to the roof was typical of an indoor aquatic facility that is the age of Ripples, exacerbated by an excessive amount of chloramines in the atmosphere. These high levels of chloramines have resulted from changes to the disinfection process several years ago, combined with ventilation systems not operating as designed. The report identified that these systems needed to be repaired or replaced prior to the roof being repaired.
The roof degradation was initially identified as part of routine audit on the building fabric. Tompkins MDA Architects were commissioned to investigate and comment on the existing roof design and to propose rectification options. A new configuration of the roof, with new replacement products was proposed by Tompkins MDA. The cost of replacing the roof at that time was estimated at $1,572,500.
It is anticipated that the roof will have to be replaced within the next two to four years.
No alternative funding source has been identified to provide the resources required to complete this work.
Current Situation
Council has allocated funds for major asset renewal works at Ripples Aquatic Centre, which included temporary roof repairs, the separation of the spa from the main pool plant (which required the installation of its own filtration and heating system), upgrading of the disinfection and filtration system to the indoor pool, replacement of the pool’s water heating system and upgrading the ventilation system. These works are well under way with only the water heating system to be installed in February 2010 and the upgrading of the ventilation system. The tender for these works is currently advertised and will be reported to Council in February 2010, with work scheduled to be completed in April.
The installation and refurbishment of the air handling and heat pumps will have a significant impact on energy use reduction. However, operational, sustainability and customer benefits associated with this work cannot be fully realised without the repair of the roof which in itself will provide additional benefits.
Council’s Energy Savings Action Plan 2007 identifies:
· The effectiveness of maintaining the comfort within a building depends on the building’s heating, ventilation and air conditioning (HVAC system) and how well it can cope with the demands of the building. Of particular importance is how the heat load is created: whether derived internally or externally, and how the heat is transmitted or lost outside through the building fabric or envelope.
· The roof surface area (approximately 3,600 square metres) is the largest component of the Centre’s building envelope. The Centre has some insulation installed in some of the ceiling spaces in the indoor pool.
· The pool hall insulation has been inspected and found to be in a very poor condition due to the high relative humidity and current corrosive character of the dosing process. Aside from water logging damage to the insulated portions of the indoor pool hall, a quarter of the ceiling surface has no insulation whatsoever. This is the central spine section which has a roof pitch of over 45 degrees, creating a surface area 40% greater than if the roof were low pitched. This increase in surface area results in an additional 40% heat loss in winter, and an extra 40% heat gain in summer.
Council has engaged a specialist swimming pool consultant, Stevenson and Associates, to supply a specification for the roof’s replacement as an update to the Tomkins MDA report. The update specification has been undertaken to take into consideration any new or developed technologies in the market place since the original report.
Stevenson and Associates has recommended that an insulated roof panel be used to increase the thermal properties of the building. This product has been used successfully on several other indoor aquatic centres and, it is anticipated will reduce plant operating costs by up to 40% as well as provide an environmentally friendly solution by reducing Carbon Dioxide emissions by up to 40%. Other key benefits of roof replacement are:
- Lifetime insulation continuity, thermal performance and air tightness.
- Material and installation conforms to swimming pool environments
- Lifetime durability and overall life expectancy in excess of 40 years
- Building Regulations and Standards compliant and Insurer approved.
Stevenson and Associates has advised that the roof can be installed to fit in with the terms and conditions of the grant, including the opportunity and potential for supporting job creation and sustaining jobs in the local area. The potential for local jobs, for both the installation of the roof and its manufacture, will only be fully known once a successful tenderer is appointed. Council should note that the consultant has advised that for the project to be completed by 30 June 2011 the indoor pool facility will need to be closed for approximately 4 weeks.
Financial Services Manager’s Comment
Over recent years a total $2.15m has been spent on asset renewal at Ripples. This work has addressed much of the repairs identified during the building audit however the major element of the replacement of the roof remains outstanding. As detailed within this report the estimated cost to replace the roof is $1.6m. The roof replacement at Ripples in not included in any current Council program nor has a funding source or capacity for its inclusion, been identified in the Long Term Financial Model. Given the condition of the roof and the need for it to be replaced in the short term it is likely that the roof replacement will need to be funded at the expense of an existing program or service. A successful application to the RLCIP–SP would allow this work to be completed without the need to reduce other Council programs or priorities.
The roof replacement at Ripples will also provide significant energy savings estimated at approximately $160,000 pa. It is likely that grant applications that include a contribution from Council will have a higher likelihood of success. Council’s Sustainability Revolving Fund (SRF) was established to facilitate sustainable initiatives and over recent years has contributed significantly to Council’s reduced energy consumption. Given the savings that could be achieved a contribution from the SRF of $300,000 is proposed as Council’s contribution to the project. It is recommended that the SRF contribution would be repaid by way of a sharing of the anticipated energy savings between Council and Ripples. The exact details of the sharing arrangement are still to be determined and agreed with the Ripples Board however in principle the annual subsidy paid to Ripples will be decreased by an agreed share of the energy savings and that reduction in the subsidy will be the repayment to the SRF. It is likely that the repayments would be made over a 3-5 year period following the completion of the work.
This report recommends that this project be endorsed and a grant application for $1.3m be submitted to the RLCIP-SP program, with the remaining $300,000 being provided as a loan from the SRF. The proposal and arrangements for savings being returned to the SRF will need to be discussed with the Ripples Board.
2. Penrith Civic Arts Space
Background
The Civic Arts Space is the area bounded by Westfield Plaza and car park, Joan Sutherland Performing Arts Centre and Council’s Administrative Centre and Regional Library.
The enhancement of the Civic Arts Space has been an objective of Council since 2002, when the extensions to the Joan Sutherland Performing Arts Centre were undertaken and adoption of the Master Plan, and key principles in May 2009 by Council. Activation and use of the space in accordance with the key objectives of the Landscape Master Plan will provide an important contribution to the City Centre’s vitality.
The Landscape Master Plan incorporates innovative design solutions in the development of the Civic Arts Space that enable dual use, while at the same time providing additional seating and passive recreation space. The Landscape Master Plan has undergone lengthy negotiations with major stakeholders seeking a commitment to the overall implementation and management of the space.
The project objectives for the development of the Landscape Master Plan are to:
· Develop a regionally significant civic/arts hub, with its own strong identity;
· Create a public space which serves, and reflects, the surrounding civic, cultural and retail functions – and ensure buy-in from key stakeholders;
· Provide opportunities to allow the civic, cultural and retail functions to co-exist and to reinforce each other;
· Make the space itself as much a destination as the existing facilities which surround it;
· Use the large site area to provide a range of activity settings from passive to contemplative to intense urban;
· Make positive design responsive to the way in which the space changes from day to night, and throughout the year;
· Configure the space to be suitable for a single, dominant event, and for multiple smaller concurrent events;
· Enhance legibility and connections to surrounding destinations;
· Make the space safe, primarily through the application of Crime Prevention Through Environmental Design Principles (CPTED);
The original plan included installation of an outdoor LED projection screen. A feasibility analysis of this concept revealed a significant capital cost outlay (approximately $1 million) and a substantial recurrent cost for the screen’s ongoing maintenance and replacement (approximately $300,000 per annum). At this stage, it is felt Council could not commit financially to this type of screen. A less expensive fixed screen with related sound and projection infrastructure, estimated to cost in the order of $70,000, with a reduced ongoing maintenance cost, is proposed for inclusion in the project budget.
At the Ordinary Meeting of 25 May 2009 on the final Landscape Master Plan for the Penrith Civic Arts Space seeking the endorsement of the plan by Council and the signing of the Memorandum of Understanding between key stakeholders, Council resolved the following:
“1. The information contained in the report on Finalise Master Plan and Implementation Strategy for the Penrith Civic Arts Space between the JSPAC, Civic Centre and Westfield be received.
2. Council endorse the Landscape Master Plan.
3. The Memorandum of Understanding to be signed by all parties.
4. A further urgent report be brought back to Council exploring funding strategies to implement the entire scheme and including a timeframe for completion.”
Council has continued to negotiate with Westfield and the PP&VA in relation to the MOU and minor amendments are being finalised so that the document can be executed
Potential funding opportunities identified have been the Federal Government’s Jobs Fund and the RLCIP-SP. Knox and Partners were commissioned to prepare an application for the Jobs Fund, but an opportunity to apply has not materialised. The RLCIP-SP is the only program currently open for applications.
Activation of the Space
The Civic Arts Space contains an existing green space. Redevelopment plans would create a series of public gathering places which have been designed to enliven the area, making it an attractive and vibrant space, especially after hours.
The area is adjacent the Westfield Plaza, the Joan Sutherland Performing Arts Centre, Q Theatre and Civic Centre and Library, providing an opportunity to establish a lively pedestrian focused community space which benefits from the strong presence of cultural and entertainment facilities.
The area’s redevelopment is consistent with Action 11 from the Penrith City Centre Plan:
“Cultivate cultural and entertainment precincts within the city centre”
The Penrith City Cultural Framework (adopted by Council in 2007) stresses that to fully realise Penrith’s potential, Council recognises the importance of implementing a vibrant and engaging cultural development program for the Penrith City Centre to support the City’s long term economic vitality, social equity, and environmental sustainability.
The development of a program of cultural projects and activities in the Penrith City Centre, and the Civic Arts Space in particular, in partnership with appropriate peak business organisations such as Westfield and the PP&VA, will act as a drawcard and encourage residents and visitors to the City, appropriate to Penrith’s role as a Regional City.
Consideration is being given to the opportunity to fund a City Centre Activation Coordinator position which would support and broker partnerships and develop projects, programs and activities that “showcase” and enhance the Penrith City Centre (including the Civic and Cultural Precinct). A Project Evaluation bid is being developed for this resource.
Partnerships
Westfield has been supportive of the development of the Landscape Master Plan and has been open to ideas and options to improve the functionality and utility of this space. The obvious benefits of the project to both the Penrith Plaza and the City as a whole are acknowledged. The activation of the edges of the space with new restaurants, coffee shops and retail offerings will play a significant role in creating interest and diversity of activities, as well as creating new job opportunities in those businesses.
Council has just received informal advice from Westfield that they are willing to make a contribution of $320,000 towards the project costs, however they are not in a position to commit to a timetable for the construction of the external retail space which is such an important contributor to the activation of the space. A final commitment and timetable for the implementation of any such external retail will be determined by economic circumstances.
Penrith Performing and Visual Arts (PP&VA) is strongly supportive of the concept and see great opportunity in the potential of the space to host a wide range of events, cultural performances, displays and exhibitions and other creative activities which extends the presence and program activities of the JSPAC, Q Theatre and the Conservatorium of Music.
Project Status
Council Officers have spent considerable time and effort to have the Civic Arts Space documentation ready for construction. The project is in an advanced stage of design with a Masterplan prepared and adopted by Council as well as the necessary documentation and estimates to enable the construction of the works to commence almost immediately.
The project will create employment during the construction phase for 50 persons as well as indirect jobs associated with the activation of adjoining retail outlets and events and performance personnel.
No other City Centre project has been identified that could be prepared within the timeframes required by the RLCIP-SP criteria. The significance of the project as a contributor to the development of the City centre is recognised however as this stage is not recommended as the preferred project for this particular grant program as there will be funding available in the future from the s94 plan and the ongoing management and activation of the space is still to be determined. The project will be considered for any future relevant grant programs that become available.
Financial Services Manager Comment
The establishment of a Civic Arts Precinct is contained within the Civic Improvements s94 Plan adopted by Council in December 2008. The Plan identifies a $2m contribution to the cost of establishing the precinct with an expectation that this would represent 50% of the total cost. The balance of the Civic Improvements Plan as at 30 June 2009 was a deficit of $2m. It is not anticipated that this plan will be in surplus for a number of years and as a consequence would not be in a position to provide funding to this project in the short term.
The master plan has an estimated cost for the project, including the installation of a large screen, at $3.75m. This report proposes that a grant application be submitted to the Federal Government’s RLCIP-SP to deliver all of the elements included in the master plan, excluding the large screen. The annual cost of running the large screen, advised by the feasibility study, has no identified annual funding source and for this reason the large screen has been excluded from the project. It is unlikely that a sustainable funding source could be identified in the near term.
Estimates provided indicate that the establishment of the Civic Arts Precinct, excluding the large screen as detailed in this report, would be $2.7m. A fixed screen, together with the necessary sound and projection infrastructure could be accommodated within the space for a cost of approximately $70,000. This would take the total project budget to $2.77m and it is recommended that this amount be incorporated in any grant submission to the Federal Government. Given the pressure on the 2009-10 Operational Plan, there is no current capacity for Council to make a contribution to this project.
The commissioning of an application to the Jobs Fund from Knox and Partners as outlined earlier in the report involved a commitment of $12,500. It is considered appropriate that the Grant Reserve be used to fund this expenditure.
The RLCIP-SP guidelines highlight the importance of partnerships and the relevance of joint funding initiatives which can support the Government’s grant contribution. The proposed contribution from Westfield of $320,000 certainly assists in meeting this criterion.
3. Hockey Facility at University of Western Sydney
The University of Western Sydney (UWS) has recently advised Council that uwsconnect (an independent legal entity, responsible for the management of facilities, which is related to UWS) is now managing the site as a multi purpose sports facility including some use for hockey.
UWS has indicated that it would welcome initiatives to improve the hockey facilities and are open to partnership arrangements with the Council, related to this facility, for the mutual benefit of UWS, Council and the community. However, before UWS can support an application by Council for a Federal Government grant it recently requested (November 2009) that Council formally document how it will address the issues UWS has raised that are associated with the ongoing operation of a Hockey facility. They include provision and payment for:
§ external ground maintenance
§ power
§ water
§ sewerage
§ security
§ road maintenance
§ general repairs and maintenance
§ rubbish removal
§ ground surface repairs
§ provision of an additional car parking area etc
§ evidence of a significant Public Liability Insurance Policy
UWS has requested a detailed written response on these issues from Council. UWS also advises that it is appointing a "bid co-ordinator" and any bid for funds for projects on UWS land will need to follow due process.
RLCIP-SP proposals must be for a minimum grant of $1m. To date, there are only estimated costs available for the replacement of one pitch which is approximately $380,000. There is insufficient time to provide accurate costs for refurbishment of the two pitches, development of an amenities building (including kiosk, changing rooms, toilets, showers etc.), and car parking, to meet the application closing deadline. There is not an available conditions audit of the existing facilities including floodlights, existing structures, fences, sub surface of the synthetic pitches. These costs would need to be considered in an application. No source of funds has have been identified to engage the necessary consultants to prepare the necessary documentation and an estimated cost schedule.
As a result, the proposal cannot be considered as “shovel-ready” to take advantage of the RLCIP-SP funding opportunity. It is therefore recommended that development of the Hockey Facility at UWS is not identified as the preferred project for the development of an application to this program.
Financial Services Manager Comment
The current project proposal contained within this report does not meet the criteria for an application to the round of the RLCIP–SP. The facility is not a Council facility and the future direction of the facility is unclear. The extent of required works and associated costings is unclear at this stage.
Conclusion
Temporary roof repairs have been carried out at Ripples Leisure Centre and certified by an engineer. However, the replacement of the roof is critical to the future operation of Ripples due to the ongoing leaks and damage to ceilings. The work needs to be undertaken in a planned and coordinated way to minimise interruption to public access to the facility and to maximise environmental and budgetary benefits. The work needs to be completed before deterioration of the roof requires urgent and potentially more expensive and more disruptive intervention.
A detailed specification for the roof’s replacement is currently being prepared together with a preliminary budget cost of $1.6m. If Council were to allocate funds from its own budget for this project it is anticipated that there would be a 9.89 year payback period to recover the capital costs through energy savings. A successful grant application would allow both Council and Ripples to strategically assess how these savings could be best utilised not only over the same period but on an ongoing basis.
Whilst the Civic Arts Space is recognised as a worthy project the Penrith City Centre s94 Plan will allow this project to be delivered as the plan progresses. The ongoing management of the space is also still to be determined. The replacement of the roof however, at Ripples will be an imperative within the next 2-4 years. Accordingly, it is recommended that Council endorse the submission of the Ripples Leisure Centre improvements as the preferred project for submission under the Regional and Local Community Infrastructure Program – Strategic Projects funding opportunity.
Staff will continue to pursue opportunities for funding the development of the Penrith Civic Arts Space.
That: 1. The information contained in the report on Regional and Local Community Infrastructure Program - Strategic Projects funding opportunity be received. 2. Council endorse the submission of the Ripples Leisure Centre improvements as the preferred project for submission under the Regional and Local Community Infrastructure Program – Strategic Projects funding opportunity 3. Council endorse the expenditure of $12,500 to Knox & Partners Landscape Architects from the Grants Reserve as outlined in the report. |
There are no attachments for this report.
14 December 2009 |
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A Leading City |
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7 |
Summary of Investments & Banking from 1 November 2009 to 30 November 2009 |
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Compiled by: Pauline Johnston, Expenditure Accountant
Authorised by: Vicki O’Kelly, Group Manager - Finance
Strategic Objective: We demonstrate leadership, and plan responsibly for now and the future
Strategic Direction: We deliver services for the City and its communities, and maintain our long term financial sustainability
Executive Summary
The purpose of this report is to provide a summary of investments for the period 1 November 2009 to 30 November 2009, and a reconciliation of invested funds at 30 November 2009. The report recommends that the information contained in the report be received.
Background
CERTIFICATE OF RESPONSIBLE ACCOUNTING OFFICER
I hereby certify the following:
1. All investments have been made in accordance with Section 625 of the Local Government Act 1993, relevant regulations and Council’s Investment Policy.
2. Council’s Cash Book and Bank Statements have been reconciled as at 30 November 2009.
Vicki O’Kelly
Responsible Accounting Officer
That: 1. The information contained in the report on Summary of Investments & Banking from 1 November 2009 to 30 November 2009 be received. 2. The Certificate of the Responsible Accounting Officer and Summaries of Investments and Performance for the period 1 November 2009 to 30 November 2009 be noted and accepted. 3. The graphical investment analysis as at 30 November 2009 be noted.
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ATTACHMENTS/APPENDICES
1. View |
Summary of Investements |
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Appendix |
A City of Opportunities
There were no reports under this Delivery Program when the Business Paper was compiled
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A Green City
Item Page
8 Fire Safety Assessment of Centro Lennox, Lot 1 DP 610862 Pyramid Street Emu Plains. Owner: CPT Custodian Pty Ltd
9 Site Compatibility Application under SEPP (Housing for Seniors or people with a Disability) 2004 for the Penrith Golf Club, The Northern Road, Penrith. Applicant: Cityscape Planning & Projects; Owner: Penrith Golf Club
Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.
10 Section 96 Application (DA03/2784.04) to modify condition 18 vary the release restriction on the use of land relating to building height at Lot 1041 - 1048 DP 1128253 Harold Bentley Way, Glenmore Park. Applicant: Proust & Gardner Consulting Pty Ltd; Owner: Nergl Developments Pty Ltd DA03/2784.04
Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.
14 December 2009 |
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A Green City |
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Fire Safety Assessment of Centro Lennox, Lot 1 DP 610862 Pyramid Street Emu Plains ; Owner: CPT Custodian Pty Ltd |
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Compiled by: Mark Bakker, Team Leader - Building Approvals
Authorised by: Paul Lemm, Development Services Manager
Strategic Objective: We use our resources wisely, and take responsibility for our levels of consumption
Strategic Direction: We respond to the impacts of climate change, and support the principles of sustainability
Executive Summary
Council is in receipt of a Report from the New South Wales Fire Brigades concerning fire safety issues at the subject property. The Brigade inspects sites as part of their duties either routinely or on request. The above premises were inspected following a complaint from a non-disclosed person.
Following the inspections by the Brigade, Council received a report recommending certain fire safety works be completed at the premises. Section 121ZD of the Environmental Planning and Assessment Act requires the matters resulting from an inspection of the Brigade be tabled to a Council meeting.
This report recommends Council issue the owners of the premises with a Notice of Intention to Serve an Order No. 6 under Section 121B of the Act to include the Brigades matters and to require that a fire safety audit of the building be carried out. It is also recommended Council advise the Brigade of its decision.
Background
The fire safety upgrading provisions are contained in Orders 6, 8, 10 and 11 of Section 121B of the Environmental Planning and Assessment Act (the Act). Council is the custodian of these provisions and has ultimate powers to inspect any premises. The New South Wales Fire Brigade (the Brigade) also have limited powers under the Act. This report relates to such circumstances where the Brigade have advised Council of fire safety issues and request Council to determine the matter.
Order 6 is the basic fire safety order and the one most commonly used. Here owners of a premises can be directed to complete works in the following circumstances:
(a) where fire safety or fire safety awareness are not adequate to:
(i) prevent fire
(ii) suppress fire
(iii) prevent the spread of fire
(iv) ensure or promote the safety of people in the event of fire
(b) if the maintenance or use of the premises constitutes a significant fire hazard.
Order 8 can direct any person to cease an activity at a premises if it constitutes a life threatening hazard. Orders 10 and 11 are given in extreme cases and only apply where an Order 6 and 8 has previously been given and the works remain outstanding. Order 10 relates to the cessation of use of a premises and Order 11 directs people to leave a premises or not enter a premises.
Section 121ZC of the Act relates to powers of the Brigade. Here the Brigade can do the following:
(a) issue an order 6 on any premises where the works are non structural.
(b) issue an Order 8 where the premises is a place of shared accommodation such as a boarding house, guesthouse, backpackers, motel and the like.
(c) issue an Order 10 or 11 where a person has failed to comply with Orders 6 or 8 issued by them (Note:- these are generally only issued in extreme cases where the matters are likely to be life threatening).
Under Section 118L of the Act, the Brigade can inspect any premises of shared accommodation or any other premises when requested by the Council, a person who is the owner, lessee or occupier of the building or when they receive a complaint in writing. In most instances, the inspection is initiated by a complaint and in these circumstances the complainant is rarely disclosed to Council.
When the Brigade serve an order under Section 121ZC, they must forward a copy of the order to Council. In accordance with Section 121ZE, the Brigade must advise Council whether or not the order is in force and any action proposed to be taken in relation to the order. In most instances, the Brigade will initially advise they intend to reinspect the premises within a set time. If works remain outstanding, the Brigade generally write to Council and hand it over for follow up action. The Brigade would have the ability to instigate their own legal action but it is unclear if they have ever exercised this power.
The Brigade do not need to serve an order in every case however, they must advise Council if they inspect any premises under Section 118L. These would generally apply when the works are extensive or structural issues are identified.
When a Council receives advice from the Brigade that they have inspected a premises under Section 118L of the Act, Council must table any report and recommendations it receives to a meeting of the Council and determine whether or not it will exercise its powers under the Act to give an Order to rectify the situation. Council must also give notice of its determination to the Commissioner of the New South Wales Fire Brigade.
When giving reports to Council under Section 118L of the Act, the Brigade tend to concentrate on general fire safety issues and those matters that concern them directly, such as: hydrants, sprinklers, evacuation systems and the like. The Brigade is not necessarily assessing the entire building and it is therefore important that a fire safety audit of the building be carried out, either by a suitably qualified building consultant or by a Council Building Surveyor. By this process, should Council be chosen by the building owner to carry out the fire safety audit, a fee can be charged for this service. This approach to fire safety audits of buildings has been adopted as a result of a previous report to Council. It enables a timely response to fire brigade requests and satisfies the requirements of legislation.
The details of the Brigades and Council requirements are summarised in the following Table:-
Address of Premises |
NSW Fire Brigade Required Work |
Council Requirements |
Centro Lennox Lot 1 DP 610862 Pyramid Street, EMU PLAINS Owner: CPT Custodian Pty Ltd |
Provide signage indicating hydrant and sprinkler booster assemblies and a zone block plan for hydrant booster.
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A fire safety audit of the building must be carried out by a suitably qualified building consultant or Council Building Surveyor, reporting on the fire safety adequacy of the building to prevent fire, suppress fire, prevent the spread of fire and to promote the safety of people in the event of fire having regard to the provisions of the Building Code of Australia. |
Conclusion
All fire safety issues identified by the Brigade and Council will need to be addressed by the owner of the premises. In this regard, it is recommended Council send the owner a notice of its intention to serve a fire safety order.
Council will need to write to the Brigade advising them on the action taken by Council. A copy of the notice of intention will be included in the correspondence to the Brigade.
That: 1. The information contained in the report on Fire Safety Assessment of Centro Lennox, Lot 1 DP 610862 Pyramid Street Emu Plains be received 2. Council prepare Notices of Intention to Serve an Order No. 6 under Section 121B of the Act, incorporating all items identified by the Brigade and Council 3. The Brigade be advised on the action taken by Council. |
There are no attachments for this report.
14 December 2009 |
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A Green City |
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9 |
Site Compatibility Application under SEPP (Housing for Seniors or people with a Disability) 2004 for the Penrith Golf Club, The Northern Road, Penrith Applicant: Cityscape Planning & Projects; Owner: Penrith Golf Club |
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Compiled by: Greg Hall, Principal Planner
Authorised by: Paul Lemm, Development Services Manager
Strategic Objective: We use our resources wisely, and take responsibility for our levels of consumption
Strategic Direction: We respond to the impacts of climate change, and support the principles of sustainability
Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.
Executive Summary
Council has received correspondence from the Department of Planning seeking comments on an application made to the Department for a Site Compatibility Certificate for a proposed development under State Environmental Planning Policy (Housing for Seniors or People with Disability) 2004 (SEPP 2004) at the Penrith Golf Course site.
The concept proposal seeks to provide for the development of 4 apartment buildings (3-4 Storeys) containing approximately 120-150 self contained dwellings for senior housing (see site plan and concept plan at Appendix No. 1 – colour copies will be provided to Councillors under separate cover.
The proposed location of the apartment buildings is in the current location of the existing club house and car park area.
There is considerable history for development in the vicinity of the Penrith Golf Course and Council’s consistent planning decisions on the importance of The Northern Road as a rural gateway to Penrith in considering future proposals along this road.
Council has successfully defended a number of appeals in the Land and Environment Court in respect to inappropriate development along this section of The Northern Road. This has resulted in Council developing and adopting a number of planning controls to ensure the character of the area is maintained.
This report assesses the development for a Site Compatibility Certificate against a number of Council’s strategic controls and policies.
There are several inconsistencies with these controls and policies however, these are justified in this circumstance given the context of the area and existing development of the site.
The issue of a site Compatibility Certificate for seniors housing by the Director General does not obligate Council to approve a development application for such a proposal. The application will be assessed on its merits.
The recommendation is for Council to make a formal submission on the proposed development.
Introduction
Council has received a supplementary planning report from the Applicant, which addressed Relevant Planning Policy and Visual Impact Assessment in support for the Site Compatibility Certificate.
The Site Compatibility Certificate is part of the process under SEPP 2004 that is to be followed prior to the lodgement of a formal development application for a proposed senior housing development, where the development for seniors housing is proposed on,
· land that adjoins land zoned primarily for urban purposes,
· land that is within a zone that is identified as “special uses” under another environmental planning instrument (other than land on which development for the purposes of hospitals is permitted),
· land that is used for the purposes of an existing registered club
The Site Compatibility certificate issued by the Director-General is an indication that in their opinion:
“(a) the site of the proposed development is suitable for more intensive development, and
(b) development for the purposes of seniors housing of the kind proposed in the development application is compatible with the surrounding environment having regard to (at least) the criteria specified in clause 25 (5) (b).”
Such a certificate must accompany any Development Application lodged and the matter cannot be determined without a current certificate.
The issue of a Site Compatibility Certificate for seniors housing by the Director General does not obligate Council to approve a development application for such a proposal. The matter will be assessed on its merits.
The report will assess the proposed development and provide comments to be included in the formal submission to the Department.
Details of the Proposal
The planning submission that accompanied the application provided concept details of the proposed development but did not include any architectural or perspective drawings or plans.
The concept proposal seeks to provide for the development of 4 apartment buildings (3-4 Storeys) to provide approximately 120-150 self contained dwellings for senior housing.
The height of the buildings would be approximately 10-12 metres.
The proposed location of the apartment buildings is in the vicinity of the existing club house and car park area.
The submission has indicated that three out of the four buildings are setback over 125m from The Northern Road and the front building appears to be setback less than 80m based on the concept details provided.
The proposed redevelopment will involve some adjustment to the existing golf course layout and provide a new and improved club with better facilities including new recreational facilities such as gym and sport related health services.
The aerial photo attached to the report shows the concept location of the new club house and the apartment buildings.
The submission has indicated the following reasons for pursuing the proposed development.
“Despite the growing membership base the club is burdened by significant operating costs associated with maintaining a championship golf club.
In addition like many other local sporting clubs, the Penrith Golf club has experienced decreasing patronage and revenues in recent years as a consequence of legislative changes to smoking in licensed premises and increased gaming machine taxes.
These factors have therefore contributed to a situation where the long term financial sustainability of the club is less secure. As such the club has commenced exploring a variety of options to secure its long tern future so it can continue to fulfil its valuable community and recreation role into the future.”
The submission also has identified the following reasons for the proposed location of the development.
“The clubs large landholding (approx 52 ha) also clearly represents an opportunity for exploring development opportunities. However any development opportunities are clearly constrained by the need to maintain the golf course as an 18 hole championship facility. Also the site currently accommodates some significant environmental features inclusive of watercourses and native vegetation which represents absolute environmental constraints to development. Further the sites interface with residential development on three sides also constrains this development opportunity. In this regards any development of the course that may jeopardise adjacent resident’s outlook and amenity would be considered to be highly problematic.
Accordingly the club has identified those lands in and around the existing clubhouse, pro shop car park etc. as being the greatest opportunity for re-development”
In recent months the club have sought expressions of interest from several developer groups and a preferred developer has been selected and a simple concept plan prepared which is part of this proposal.
Planning Assessment
The Site
The subject land has its main frontage to The Northern Road but also fronts the Glenmore Parkway and Garswood Road and has an area of approximately of 52ha. The site represents a main gateway entry point to the City.
The site is generally bounded mixture of development including rural residential to the north, south and east and low density residential to the west
The aerial photo attached to the reports shows the sites context to the surrounding area.
The site is occupied by a private golf course and includes a club house and other buildings associated with the golf course
Zoning
The site is zoned 6(c) private recreation under Penrith LEP 1998 (Urban Land). The aim of this zone is to provide and maintain land for a variety of recreational and community pursuits.
The proposed development is permissible under the SEPP 2004 by virtue of clauses 4 & 5 which are produced below.
The property will be included in the Draft Local Plan (Stage 2).
“4 Land to which Policy applies
(1) General
This Policy applies to land within New South Wales that is land zoned primarily for urban purposes or land that adjoins land zoned primarily for urban purposes, but only if:
(a) development for the purpose of any of the following is permitted on the land:
(i) dwelling-houses,
(ii) residential flat buildings,
(iii) hospitals,
(iv) development of a kind identified in respect of land zoned as special uses, including (but not limited to) churches, convents, educational establishments, schools and seminaries, or
(b) the land is being used for the purposes of an existing registered club.
(5) Application
of Policy to land zoned for special uses and existing registered clubs
For the purposes of this Policy (and for the avoidance of doubt), a consent
authority must not treat:
(a) land on which development for the purposes of special uses is permitted, or
(b) land that is being used for the purposes of an existing registered club,
as being land zoned primarily for urban purposes unless it is satisfied that most of the land that it adjoins is land zoned for urban purposes.”
The site adjoins a large portion of land that is zoned for urban purposes (Glenmore Park).
Strategic Context
The site is adjacent the eastern edge of the Glenmore Park estate which was planned in the mid 1980’s. Prior to the release of Glenmore Park for urban purposes, considerable discussion occurred between Council and the State Government on a number of key issues relating to the manner in which future development in this area should emerge, including the boundaries of the intended release area. Council was particularly concerned about the eastern extent of the estate and argued that the areas adjacent to The Northern Road should retain their rural character by:
· Conserving the open, semi-rural environment would provide a high visual amenity to the locality and a valuable buffer to the denser residential forms to be developed to the west
· Traffic noise from The Northern Road is a critical consideration and providing for lower density rural / residential development along this edge would optimise opportunities to site lot boundaries and dwellings in a manner which would assist in the mitigation of traffic noise
In 1989, the LEP for the Glenmore Park estate was gazetted. In the early 1990s, Council received a number of development applications on land fronting The Northern Road edge of the Glenmore Park estate. These included a number of McDonald’s restaurant proposals on land adjacent the Garswood Road intersection with The Northern Road, and a residential subdivision comprising 258 lots south of the golf course. These proposals, despite being permissible under the broad planning instrument were clearly inconsistent with Council’s long-held planning objectives for The Northern Road precinct and accordingly, Council refused to grant consent to the developments. Council’s decisions were appealed to the Land and Environment Court and ultimately upheld by that body.
In arriving at its decisions, the Court recognised the continuation of the open, semi-rural character could only be achieved by essentially maintaining the status quo in the development pattern and that higher density development patterns would not only contrast with that objective but essentially contribute to its loss.
As a consequence of these proposals, Council pursued amendments to the planning framework for Glenmore Park which included the preparation of a number of DCPs, one of which being the Eastern Hamlets DCP specifically covers the subject site. These focused on a clear identification of the need to conserve The Northern Road precinct with an open, semi-rural character and as a major gateway into the urban areas of Penrith.
Penrith DCP 2006 Glenmore Park (Eastern Hamlets)
The section of the DCP of relevance to the golf course is detailed in Section 3.13 which provides detailed objectives and requirements for the future development of the site. Requirements in the DCP of relevance to this proposal include:
· All buildings shall be setback a minimum distance of 80m from The Northern road
· Any new structures and/or visually significant structures and car parking shall be satisfactorily landscaped and located to ensure that any visual impact from The Northern Road is minimised and that the open semi-rural nature of The Northern Road is maintained
· The design and external materials of buildings shall be consistent with the open-semi rural character of the locality
· Buildings shall be limited to a maximum of two storeys
Assessment of the proposal
The proposal is for the development of four separate apartment buildings (3-4 storeys) to provide 120-150 self contained dwellings for seniors housing.
Based on an assessment of the unscaled concept details provided with the report the proposal appears to be inconsistent with the Eastern Hamlets DCP in the following areas:
· One of the buildings is setback less than 80 metres
· The scale of four x 3-4 storey apartment buildings could be out of character with the surrounding area which is of a low rise scale, if these buildings are visible from The Northern Road and surrounding residential and rural residential areas
· The buildings exceed two storeys
The important aspects of any development along this section of The Northern Road is maintaining the semi-rural character and resisting urban development patterns which are at odds with maintaining the character of this gateway to the City.
The site has significant established vegetation which provides a significant streetscape to The Northern Road. The proposed location reduces the development footprint and utilises the existing area of the site that has the urban form of development involving the club house and car park area.
The proposed building located closest to The Northern Road while not meeting the required setback of 80m, would still provide a generous setback to The Northern Road which has existing established screen vegetation to assist in reducing any potential visual impact on the streetscape and the gateway. The location of the proposed building will ensure the majority of the existing vegetation will be maintained and can be incorporated into the development.
The existing vegetation will also assist in reducing any potential impact on the views towards the Blue Mountains escarpment which is an important visual feature of the locality.
The proposed height of the buildings should not intrude into the skyline above the height of the vegetation canopy. The natural slope of the site will also assist in ensuring the visual impact is minimised.
Any inconsistencies can be justified based on the current site features which include the existing mature vegetation screening and site topography which can be incorporated into the design.
The development of suitable architectural design features and the use of external colours and materials will also assist the development in being integrated into the site and locality and reducing any potential visual impacts.
It should also be noted that the site is not zoned Rural but Recreation and is located at the fringe of the urban areas of South Penrith and Glenmore Park.
Council Studies and Strategies
Council completed a Residential Strategy for the LGA in 1997, which was favourably received by the Department. This Strategy confirmed that our expected population growth for the following 20 years (some 45,000 people) can be accommodated in established residential neighbourhoods and within existing and currently planned release areas without resorting to new residential areas being located in our existing rural areas. The site is located adjacent to existing residential neighbourhood and is consistent with the strategy.
In 2006, Council engaged a consultant to prepare a draft Landscape Strategy, to identify, among other matters, the “primary visual backdrops” of the local government area. Primary visual backdrops are lands that are visible from major public gathering places or thoroughfares such as the motorway and major access roads to the motorway. The primary visual backdrops were identified by the consultant using a method of visual assessment which took into account factors such as topography (e.g. ridgelines) and the extent of vegetation. This strategy has been adopted by Council.
The proposed development is consistent with the Landscape Strategy in that it will protect the existing identified landscape features and visual backdrops being The Northern Road gateway to Penrith and the Blue Mountains escarpment. Council has recently exhibited a draft “Planning for an Ageing Community – Strategy Report”. The report has identified the need for the provision of facilities for an Aging Community which include suitable housing accommodation. This development would provide housing facilities for the current and future Aging Community in the Penrith area.
The strategy has been placed on public exhibition and the submissions received are currently being considered.
It is likely that this matter will be presented to Council in the early part of 2010.
Site Compatibility Certificate Criteria - State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004
The following provides an assessment of the Site Compatibility Certificate criteria:
(i) the natural environment (including known significant environmental values, resources or hazards) and the existing uses and approved uses of land in the vicinity of the proposed development,
As previously discussed in the report, the subject land has a long history regarding the significance and the importance of this area in relation to its scenic and gateway values. This has been reinforced and reflected in the Eastern Hamlets DCP and Council’s Landscape Character analysis of the LGA.
The scenic values of the area are reflective in its openness and semi-rural nature and the experience of the transition of moving from rural through to semi-rural to urban development along The Northern Road entering and leaving Penrith.
It has consistently been acknowledged by Council’s various studies and strategies that people prefer to “age-in-place”, so there is an identified need to improve adaptability and accessibility of houses in infill areas and Council’s release areas. The site adjoins the Glenmore Park urban and rural residential area and the proposed aged housing is consistent with the surrounding land uses which are residential in nature.
(ii) the impact that the proposed development is likely to have on the uses, that in the opinion of the Director-General, are likely to be the future uses of that land,
The future use of the land will remain recreational in nature and the proposed seniors living housing is consistent with the existing and likely future use. The location of the development on site will ensure the existing golf course can continue to operate without any conflict with the seniors living housing.
(iii) the services and infrastructure that are or will be available to meet the demands arising from the proposed development (particularly, retail, community, medical and transport services having regard to the location and access requirements set out in Clause 26) and any proposed financial arrangements for infrastructure provision,
It is widely accepted that the development of seniors living needs to take place at locations that provide easy access to shops, community services and public transport
It is considered that any proposal for seniors housing, in the first instance, would be to ensure that it is within 400m walking distance of the listed services and facilities to ensure that residents are part of a cohesive community. The subject site is not in close proximity to any services and facilities nor is it in within walking distance to any centre. The existing Glenmore Park town centre is over 2.7km in a direct line.
It is acknowledged that due to the proposal not locating in the vicinity of a centre or activity node that there is a bus route within 400m of the subject site that passes the Glenmore Park town centre. There is also proposal for private bus services from and to the site.
Though there is bus Route 789 which runs past the Golf Club, the frequency of its service is limited to 30 – 60 minutes Monday – Friday and additional services over the weekend period. It is acknowledged in the consultant’s report that this bus service is limited and not frequent.
While acknowledging the inadequacy of the transport service, there is no clear indication in the submission that the operator of the retirement village or Club House will provide an alternate transport facility shuttle bus for the residents who need to access to a variety of services outside the Golf Club or provide access to those services on the site. This is an issue that would need to be addressed in any development application and preferably as a requirement in a site compatibility certificate if issued by the Department of Planning.
The application does not specifically address how the proposal satisfies the provisions of Clause 26.
(iv) in case of applications in relation to land that is zoned open space or special uses-the impact that the proposed development is likely to have on the provision of land for open space and special uses in the vicinity of the development,
Not applicable
(v) without limiting any other criteria, the impact that the bulk, scale, built form and character of the proposed development is likely to have on the existing uses, approved uses and future land uses in the vicinity of the development.
The proposal’s bulk, scale and built form, if not planned sensitively could be inconsistent with the surrounding area as the residential area to the west is a low density residential estate (detached dwellings on an average of 700m2 lots) and the rural residential to the north, south and east is single residential dwellings on large rural allotments ranging from 3500m2 to 1 hectare. The proposals urban form may impact on the open semi-rural character of the area.
As discussed previously, the existing site attributes (topography and vegetation) will assist in ensuring that the bulk and scale will have limited impact on the area. Also the key design and site management goals of retaining and incorporating the existing vegetation will also assist in limiting any potential impact.
Comparison of other Senior Housing development proposals
As Council may be aware, in February 2009, the DoP also advised Council of a site Compatibility Certificate for another property at 2075 – 2113 The Northern Road and 1 – 29 Bradley Street. This proposal involved 167 dwellings which included a mix of farmlets, villas, townhouses and houses, and is proposed on land zoned for rural residential uses.
Council’s submission to the DoP on this application raised concern with the proposal being inconsistent with Council’s adopted studies and strategies and the development would impact on the scenic and gateway values for this locality. This site is located to the south of the Penrith Golf Club site and is at the beginning of the transition from rural to rural residential. The site did not contain any significant vegetation and the nature of the sites topography would result in a multi-unit development housing being significantly open to view potentially impacting on the visual character of the area and the open semi-rural gateway to the City.
The current proposal on the Golf Course site is different to this proposal in the following:
· The development is generally proposed to be set well back from the road and is contained to a small area on the site which has been previously developed with buildings and car parking
· The site is located closer to the residential areas along The Northern Road and forms an appropriate transition from the rural area to the urban area
· The site has existing established vegetation that will be retained and enhanced and will reduce any potential visual impact on The Northern Road and the Blue Mountains escarpment
· The development with the existing vegetation will not provide a suitable gateway development and it is likely that the current status quo of visual impact will be maintained
· The site is zoned for Private Recreation uses (not rural) and presents a different visual character to The Northern Road
Conclusion
It is important to consider the history and Council’s consistent planning decisions on the importance of The Northern Road as a rural gateway to Penrith in considering future proposals along this road.
The proposed development represents a higher density of development in terms of its size and scale being apartment buildings (3-4 storeys).
While the proposed development, as outlined in the submission, is not totally consistent with several of Council’s strategic controls, the inconsistencies are justified based on the existing attributes of the site which will be maintained and enhanced.
The development proposal’s footprint does not encroach further into the site than the current facilities provided and built involving the club house and associated car parking.
The proposed development is concentrated on the most appropriate area on the site that will result in the least potential impact on the area and surrounding properties and residents.
The following requirements should be incorporated into the issue of any compliance certificate by the Director General.
· Buildings being limited to 2-3 stories in height
· Viewlines to the Blue Mountains escarpment are preserved
· All buildings are setback a minimum of 80m from The Northern Road
· The development not be designed in a way that creates an urban image on character as viewed from The Northern Road
· Bus service enhancements for residents
A merit based determination will be required in relation to any subsequent development application lodged. While a development application is to be submitted, it is likely that given the cost of the development that the matter will be determined by the Joint Regional Planning Panel (JRPP) and not Penrith City Council.
That: 1. The information contained in the report on Site Compatibility Application under SEPP (Housing for Seniors or people with a Disability) 2004 for the Penrith Golf Club, The Northern Road, Penrith be received 2. Council advise the Department of Planning that it does not object in principle to the issue of a Site Compatibility Certificate for Seniors Housing on the site subject to any Certificate issued incorporating the following requirements: 2.1 Buildings being limited to 2-3 stories in height 2.2 Viewlines to the Blue Mountains escarpment are preserved 2.3 All buildings are setback a minimum of 80m from The Northern Road 2.4 The development not be designed in a way that creates an urban image on character as viewed from The Northern Road 2.5 Bus service enhancements for residents
3. The Department of Planning be advised that this decision does not in any way fetter Council’s ability to determine any subsequent development application on the site on its merits. |
1. View |
Site Plan & Concept Plan |
2 Pages |
Appendix |
14 December 2009 |
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A Green City |
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10 |
Section 96 Application (DA03/2784.04) to modify condition 18 vary the release restriction on the use of land relating to building height at Lot 1041 - 1048 DP 1128253 Harold Bentley Way, Glenmore Park Applicant: Proust & Gardner Consulting Pty Ltd; Owner: Nergl Developments Pty Ltd |
DA03/2784.04 |
Compiled by: Gordon Williams, Environmental Planner
Authorised by: Paul Lemm, Development Services Manager
Strategic Objective: We use our resources wisely, and take responsibility for our levels of consumption
Strategic Direction: We respond to the impacts of climate change, and support the principles of sustainability
Procedural note: Section 375A of the Local Government Act 1993 requires that a division be called in relation to this matter.
Executive Summary
Council is in receipt of a development application seeking approval to modify the Section 88B restriction imposed on Lots 1041 to 1048 Crestwood Avenue. The restriction imposes a maximum building height for dwellings proposed over each of the lots, with the actual height restriction being tailored for each lot. The applicant is seeking approval to have these height limits changed over all of the lots to enable a series of new dwelling designs to be constructed.
The key issue raised throughout the assessment is the screening of future development and the visual impact from The Northern Road. It is proposed to incorporate additional landscaping along an existing earth mound to the east of the lots to assist with screening of future dwellings.
The application is presently undergoing notification to adjoining land owners which will be completed on 17 December 2009. Since Penrith City Council is nominated as the empowered authority whose consent is required to release, vary or modify the terms of the restriction, the matter is reported to Council prior the notification process being completed in order to obtain ‘in-principle’ approval.
The report recommends that the Mayor be given the delegation to approve the application over the Christmas period on conclusion of the exhibition period subject to submissions and conditions of consent. It also recommends that the restriction be varied with the common seal of Penrith City Council being affixed to all necessary documentation.
Background
Council approved a subdivision application (DA03/2784) for the creation of ten (10) new allotments for residential purposes, a residue lot and a new road off Crestwood Avenue, Glenmore Park on 18 December 2003. The construction of an earth mound was adopted as the best mitigation measure to minimise impact of residential development on this rural edge in the approval that created this subdivision and other subdivisions nearby (see Locality Plan Appendix No. 1). As part of that approval, a restrictive covenant under Section 88B of the Conveyancing Act, 1919 was imposed. This restrictive covenant requiring an earth mound has been consistently applied for all new subdivisions along the eastern edge of the Glenmore Park Estate to ensure that new houses would not be seen above the ridgeline which forms the viewscape to the Northern Road. This approach was taken to ensure the open, semi-rural character of this important gateway into the urban area of Penrith was maintained.
The restriction on the use of land thirdly referred to in the subject Deposited Plan No.1128253 burdens lots 1041-1048 and states:
“ No building shall be erected on the lot burdened unless such building is erected below the maximum building height line for the lot burdened identified on plans prepared by Proust & Gardener Consulting Pty Ltd, Cross Sections for Building Height Determination-Plan No21139/BHD (9 sheets) dated 4 September 2007, held at Penrith City Council under File DA03/2784.”
Penrith City Council is nominated as the authority whose consent is required to release, vary or modify the terms of the restriction.
The development consent, issued by Council for the subdivision, required the provision of a restriction relating to a maximum ridge height of dwellings based on established sight lines from The Northern Road.
Site and Surrounds
The subject lots are located in a new subdivision. The lots are basically rectangular in shape, with Lots 1046 and 1047 being corner allotments. The subdivision is adjoined by the rural residential land to the east which has access to The Northern Road. The previously developed area of Glenmore Park is located to the north and west of the site. The surrounding area has a mixture of vacant lots and recently constructed dwellings. The subject lots are vacant, whilst Lot 1048 has approval for a dwelling to be erected. The surrounding area is characterised by high quality residential and rural residential development. The sites have been levelled with building pads created as part of the subdivision works.
The Proposal
The applicant is seeking to modify the Section 88B restriction relating to maximum building heights and replace it with amended height limits and additional landscaping along an existing earth mound to assist with screening the increase in heights.
The applicant has requested the existing restriction be varied, by modifying condition number 18 to read as follows:
“Creation of a restriction on the use of land over Lots 1041-1048 limiting the maximum overall height of dwellings to 9 metres above the natural ground level/existing building pad.”
The applicant has proposed the following wording on the proposed revised Restriction on the lots:
“No dwelling shall be erected on the burdened lot unless the maximum overall height of the dwelling above the natural ground level/existing building pad levels is less than 9 metres.”
Planning Assessment
The proposal has been assessed in accordance with Sections 96 and accordingly Section 79C of the Environmental Planning and Assessment Act, 1979 and Section 88B of the Conveyancing Act, 1919.
The application applies to modify under Section 96 1(A) of the Environmental Planning and Assessment Act, 1979. As the proposed modification will have minimal environmental impact and is substantially the same development as that approved, it can be determined as a modification in accordance with this section.
This report is for the merit consideration of the proposal under the Environmental Planning and Assessment Act, 1979. Under Section 88B of the Conveyancing Act, 1919 Council is the nominated body with the power to release, vary or modify the restriction as to user.
The lots subject to the restriction are zoned 2 – Urban under Penrith Local Environmental Plan 188, however, the parent property to the subdivision located between these lots and The Northern Road is zoned 2(r) under Penrith Local Environmental Plan 1998 Urban Land and this plan is most relevant in informing the intent of the height restriction.
1. Section 79C(1)(a)(i) – The Provisions of any Environmental Planning Instrument
Penrith Local Environmental Plan 1998 (Urban Land) (LEP 1998)
The objectives of the residential 2(r) zone under LEP 1998 are:
(i) to conserve the open, semi-rural character of the M4 Motorway, The Northern Road and Mulgoa Road frontages of Glenmore Park and that part of the Cranebrook escarpment between Nepean Street and Laycock Street; and
(ii) to protect and promote a low density settlement pattern which:
(A) recognises the importance of conserving the semi-rural land use pattern and the appearance of the approaches to the urban areas of the City of Penrith when viewed from major roads and adjoining and nearby areas; and
(B) provides sufficient flexibility for dwelling siting and orientation of allotments to minimise the visual impact of development and overcome noise constraints and
(iii) to prohibit the establishment of activities of a retail or commercial nature along the M4 Motorway, The Northern Road and Mulgoa Road frontages of Glenmore Park.
The application included a number of examples that show how the proposed variation of 9 metres would apply. The proposed restriction would permit a building with an overall height of 9 metres at the front setback. The table below shows the potential impact of the revised restriction of 9 metres:
Lot Number |
Current Restriction at Building Line (m) |
Variation (m) |
1042 |
6.57 |
2.43 |
1044 |
6.76 |
2.33 |
1045 |
6.61 |
2.39 |
1047 |
6.86 |
2.14 |
If a 9 metre ridge height was to be permitted the above table shows that the impact could be up to 2.43 metres above the current sight line. An encroachment of this height would not be able to be suitably screened by landscaping, as proposed by the applicant and the zone objectives would not be met.
If buildings were limited to a maximum of one metre above the existing height line this variation could be compensated by rural style fencing and landscaping on the existing earth mounds which would achieve adequate screening of future dwellings. The increase of one metre above the existing sight line has been discussed with the applicant who is satisfied that this will enable a variety of dwelling styles and roof pitches and maintain consistencies with the zone objectives.
The proposal to increase the building heights by one metre above the existing sight lines will be more consistent with the above objectives of LEP 1998.
It is recommended that the restriction be revised to read as follows:
“ No building shall be erected on the lot burdened unless such building is erected no higher than 1 metre above the building height line for the lot burdened identified on plans prepared by Proust & Gardener Consulting Pty Ltd, Cross Sections for Building Height Determination-Plan No21139/BHD (9 sheets) dated 4 September 2007, held at Penrith City Council under File DA03/2784.”
With this restriction, the objectives of LEP 1998 will be satisfied by the provision of the landscaped earth mound located on the 2(r) zoned land. The application now proposes to landscape the mound extensively on its eastern side. The landscape concept plan provides embellishment of the site by way of suitable landscaping which at maturity will complement the ridge top and be consistent with the existing landscaping in height and scale.
Penrith Local Environmental Plan (LEP 188)
The objectives of the zone Urban (2) under Penrith Local Environmental Plan (LEP) 188 are:
(a) to provide a flexible framework for the promotion of growth and development in the South Penrith Urban Release Area;
(b) to enable the council to provide more detailed guidelines about preferred land use distribution and development issues in a development control plan; and
(c) to ensure that development is carried out in a manner which achieves appropriate provision of or funding for major infrastructure works that are a necessary prerequisite for urban development generally in the area.
The objectives of LEP188 do not apply directly to the issues of building height or viewscape however it does give weight to the supporting DCP and these are considered in Penrith Development Control Plan 2006, Eastern Hamlets which is discussed below.
2. Section 79C(1)(a)(iii) – The Provisions of any Development Control Plan
Penrith Development Control Plan 2006
Part 6.20 Eastern Hamlets
The objectives of the Eastern Hamlets DCP for rural-residential development need to be considered in determining whether the roofs that extend beyond the view line are reasonable. Consideration also needs to be given to the objectives detailed in Section 3.1 of the Eastern Hamlets Chapter of Penrith DCP 2006 which are:
i. To preserve the scenic rural character of The Northern road;
ii. To maintain the rural gateway to the Penrith urban area; and
iii. To provide an attractive interface along the ridgeline between the rural residential and urban zones.
Council has long held a policy position for The Northern Road which dates back to the mid 1980s prior to the release of Glenmore Park, to preserving the attractive rural approach along The Northern Road as an important gateway entry to Penrith, and to conserve the open, semi-rural environment which provides a high visual amenity in the locality. This is reflected in the above objectives. The existing rural views from The Northern Road to the western ridge line need to be maintained and urban development not permitted to encroach on the semi-rural character of the area when viewed from The Northern Road.
The location of the dwellings, earth mound and the addition of landscaping will satisfy the above objectives. The applicant’s proposal to carry out extensive landscaping of the earth mound will effectively screen future dwellings. The landscaping will also complement the existing landscaping to the north, provide a very pleasing aspect to the ridge line and the area surrounding the ridge when viewed from within the estate and nearby properties.
To ensure during the establishment stage of the landscaping that the roof area of a dwelling is not visible, a timber ‘rural style’ post and rail fence is recommended to be erected along the top of the mound. The post and rail fence would only need to be 1m high and would add an interesting rural feature, consistent with the objectives of providing a rural gateway to the entry of the City along this section of The Northern Road.
To further ensure the roof materials and facades of the dwellings on these lots are compatible and blend into the landscape, conditions can be imposed to guarantee the colours are to be neutral and blend in with the landscape.
The application has been accompanied by a landscape concept plan for the site which will provide for the high-quality embellishment of the site by suitable landscaping which, at maturity, will complement the height, scale, design and function of future dwellings. The original landscape planting proposed is generally located towards the top of the mound and on the western side. Additional planting on the eastern side as now proposed would further enhance the mound when viewed from The Northern Road. The applicant has indicated that they would be prepared to provide additional planting which can be conditioned and incorporated into a revised landscape plan.
Subject to these measures, the proposal will be consistent with the above objectives of the Eastern Hamlets DCP.
6. Section 79C(1)(d) – Any Submissions made in relation to the Development
Community Consultation
The original application was not required to be notified under Council’s Advertising and Notification Development Control Plan. This application however has been notified to the surrounding residents, as an 88b instrument indicated a restriction to building heights. The application has been notified to 22 nearby residents and has been placed on public exhibition from 3/12/2009 to 17/12/2009.
The exhibition period will not conclude until after the Council Meeting of 14 December 2009. Council will enter the Christmas recess period however it is recommended that the Mayor be given delegation to determine the application during this time. Any submissions lodged shall be fully considered as part of the assessment report for determination of the application.
Conclusion
Assessment of the application, to vary the restriction on Lots 1041-1048 DP1128253, has demonstrated that the proposed modification, will maintain the achievement of the outcomes intended by the planning and subdivision controls for these properties provided that the increase in height of the restriction is limited to 1 metre above the existing height line.
The variation requested is of a minor nature and a variation to increase the height limit, would have minimal visually impact, on the amenity or streetscape. It will not compromise the character of the locality, or create a perceived increase in the heights of development from the surrounding area.
Council’s approval of the variation to the restriction as recommended will enable existing lots to be developed for a wider range of dwellings without compromising the intent of the restriction.
1. View |
Locality Map |
1 Page |
Appendix |
2. View |
Site Plan |
1 Page |
Appendix |
A Liveable City
Item Page
11 Path paving construction request in Cambridge Park
12 Tender Reference 28-09/10 Supply & Installation of Pool Water Heating Equipment
14 December 2009 |
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A Liveable City |
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11 |
Path paving construction request in Cambridge Park |
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Compiled by: Hans Meijer, City Works Manager
Authorised by: Hans Meijer, City Works Manager
Requested By: Councillor Kevin Crameri OAM
Strategic Objective: Our public spaces encourage safe and healthy communities
Strategic Direction: Our path and cycleway network is safe, and encourages active movement around the City
Executive Summary
The purpose of this report is to advise Council of a request by St Pauls Anglican Church, Cambridge Park for consideration to be given to the construction of a footpath in front of their church. The report informs of the costs of constructing a footpath as requested.
Background
A request has been received from St Pauls Anglican Church, Cambridge Park for footpath construction in front of their church along the eastern side of Barker St and potentially for the remainder of Barker St north of Oxford Street. The church has indicated that numerous parishioners walk to church to attend services.
The frontage of the church along Barker Street contains several mature trees that have inhibited grass growth in the footway area and there are signs of extensive bare patches. The remaining section of Barker Street north of the church does not appear to have the same issue with mature trees.
The construction of path paving in Barker Street was not on the adopted future Footpath Delivery Program. The frontage of the church along Barker Street is 78m, whilst the entire length of Barker St (from Oxford St to Eton Rd) is 340m. The cost to construct a footpath along the frontage of the church (excluding the driveways previously constructed by the church) is $5,400. The cost to construct a path along the entire eastern side of Barker St (from Oxford St to Eton Rd) is $30,600.
Financial Services Manager’s Comments
Council has allocated $650,000 in 2009/10 toward the construction of path paving in the adopted future Footpath Delivery Program. There is no further capacity within this program to fund the construction of the requested footpath in Barker Street and no other sources of funding have been identified for these works.
Summary
The request for a footpath in front of St Pauls Anglican Church in Barker St, Cambridge Park is valid and the proposed path connects to an existing footpath along Oxford Street. The construction of a footpath in front of the church would alleviate the concerns currently expressed by the church and therefore it would be recommended that the construction of a footpath along the frontage of the church only be considered at this time.
That the information contained in the report on Path paving construction request in Cambridge Park be received.
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There are no attachments for this report.
14 December 2009 |
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A Liveable City |
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12 |
Tender Reference 28-09/10 Supply & Installation of Pool Water Heating Equipment |
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Compiled by: Mal Ackerman, Supply Co-ordinator
Graham Howe, Building Projects Co-ordinator
Authorised by: Hans Meijer, City Works Manager
Strategic Objective: Our physical infrastructure is adaptable, and responds to changing needs
Strategic Direction: Council’s assets are based on ‘whole of life’ planning and costs
Background
Council resolved, at its meeting on 30 November 2009 to award the contract for the supply and installation of pool water heating equipment including options, to Trisley’s Hydraulic Services Pty Ltd for the lump sum price of $317,940 (Ex GST). Subsequent to this resolution, during engagement of the preferred tenderer, an error was identified in Council’s calculations. The report failed to include costs for general items which included setup costs, training, testing and commissioning in the pricing schedules. This error affected all tender lump sum prices.
The following table shows the corrected tendered lump sum prices from lowest to highest.
Tenderer |
Lump Sum Tendered Price |
Options (Increased plant capacity) |
Overall Total (Ex GST) |
Swimplex Projects Pty Ltd |
282,600 |
49,000 |
331,600 |
Trisley's Hydraulic Services Pty Ltd |
291,990 |
40,950 |
332,940 |
Goldman Plumbing Services Pty Ltd |
303,688 |
39,880 |
343,568 |
Solarwise NSW Pty Ltd |
398,000 |
38,000 |
436,000 |
With the correction made to the tender lump sum and based on the evaluation criteria, independent risk analysis and best overall value for money, the Evaluation Panel is continuing to recommend that the contract for the Supply and Installation of Pool Water Heating equipment for the Ripples Aquatic Centre be awarded to Trisley’s Hydraulic Services Pty Ltd for a lump sum fixed cost of $332,940 (ex GST) including the option for increased plant capacity.
Although Trisley’s Hydraulic Services Pty Ltd tender is now slightly higher than the lowest tender the company has Quality Certification to ISO9001 and Environmental Certification to ISO4001. These additional certifications mean that the tender represents best overall value for money to Council.
Financial Services Manager’s Comments
Council has allocated $1.5m for the building asset renewal of Ripples in the 2009-10 Operational Plan. The supply and installation of the water heating equipment at Ripples will be funded from these allocated funds and these amended costs remain within budget.
That: 1. The information contained in the report on Tender Reference 28-09/10 Supply & Installation of Pool Water Heating Equipment be received. 2. A Contract for the Supply and Installation of Pool Water Heating Equipment be awarded to Trisley's Hydraulic Services Pty Ltd for the lump sum fixed cost of $332,940 (ex GST) including the options for increased plant capacity. |
1. View |
Report to Ordinary Meeting of 30 November 2009 |
5 Pages |
Appendix |
THIS PAGE HAS BEEN LEFT BLANK INTENTIONALLY
A Vibrant City
Item Page
13 Magnetic Places Community Cultural Grants Program 2009-2010
14 December 2009 |
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A Vibrant City |
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13 |
Magnetic Places Community Cultural Grants Program 2009-2010 |
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Compiled by: Cali Vandyk-Dunlevy, Cultural Development Officer
Authorised by: Erich Weller, Community and Cultural Development Manager
Strategic Objective: We build on our strengths
Strategic Direction: We encourage the wellbeing, creativity, inclusivity and diversity of our communities
Executive Summary
This report is to inform Council of the applications received in the 2009- 2010 Magnetic Places Community Cultural Grants Program. In the 2009-10 Magnetic Places Community Cultural Grants Program $35,000 is available to further develop, enhance and activate community meeting places.
Since 2007 Magnetic Places funds have been available to local community groups to support the development of creative activities and events in community meeting places across the Penrith Local Government Area. To date, this has resulted in the funding of fifteen innovative and highly successful projects celebrating creativity, diversity, culture and pride in established neighbourhoods across the City.
The principles underpinning the Magnetic Places Community Cultural Grants Program include both place making and Community Cultural Development (CCD) practice. The current funding program continues to build on the success of previous years which have brought public places to life in innovative ways making a valuable contribution to the health and wellbeing of residents and communities across the Penrith LGA. These outcomes have generated a high level of interest from local communities, the community sector, the arts and cultural sector as well as State and Federal arts and cultural agencies. The Magnetic Places initiative continues to position Penrith City as an innovator in collaborative community place making in Western Sydney.
The current framework for the Magnetic Places Community Cultural Grants Program is provided by Penrith City Council’s Strategic Plan 2031 - A Vibrant City, and the Penrith City Cultural Framework and Cultural Development Action Plan 2007 – 2011. In synergy with this, the Magnetic Places initiative operates within the Neighbourhood Renewal Program, focussed on the delivery of a program of renewal for selected neighbourhoods to contribute to a sense of community identity and cohesiveness.
The Magnetic Places Community Cultural Grants Program 2009-10 was extensively marketed and publicised to artists, organisations and residents across Penrith and wider Western Sydney in a cross promotional strategy throughout August, September and October in 2009.
Council has received six applications requesting a total of $45,700 in the 2009-10 Magnetic Places Community Cultural Grants Program funding round. These applications have been carefully assessed against a set of Council endorsed criteria and five projects have been recommended for funding, to a total of $35,000. The recommended projects will make a significant contribution to the vibrancy of Penrith, enhancing community wellbeing and strengths and enlivening public places across the Penrith LGA. The report recommends that Council approve the applications and amounts recommended for funding as outlined in this report.
Background
The Magnetic Places grants program was initiated in 2007 as a pilot program with the objective to enable community partners or groups to develop projects, programs and activities that would activate local places. Funds were made available to local community groups to develop activities and events in their local communities to enliven, enrich and invigorate community meeting places across the Penrith Local Government Area.
To date, this has resulted in the funding of 15 innovative and highly successful projects celebrating creativity, diversity, culture and pride in established neighbourhoods across the City. These outcomes have generated a high level of interest from local communities, the community sector, the arts and cultural sector of Western Sydney, Sydney as well as State and Federal arts and cultural agencies.
Magnetic Places has been an important catalyst in enabling local cultural activity to be more visible, enabling the local ‘character’ and the diverse voices of the community to be heard. People have made new friends, found new confidence and new ways of engagement. It has brought public places to life in innovative ways developing pride in place. Public spaces have been transformed into magnetic, creative and meaningful places making a valuable contribution to the health and wellbeing of residents and communities across the Penrith LGA.
Context
The current framework for the Magnetic Places Community Cultural Grants Program is provided by Penrith City Council’s Strategic Plan 2031 - A Vibrant City, and the Penrith City Cultural Framework and Cultural Development Action Plan 2007 – 2011.
In alignment with Council’s Strategic Plan 2031 – A Vibrant City, Magnetic Places responds to the Objective “We build on our strengths” and the Strategic Direction “We encourage the wellbeing, creativity, inclusivity, and diversity of our communities.” The Magnetic Places Program supports the Delivery Action to “Identify and support, with our partners, priority social and cultural programs that enhance community strengths” identified in the Penrith City Council Delivery Program 2009-2013.
In synergy with this, the Magnetic Places initiative operates within the Neighbourhood Renewal Program, focussed on the delivery of a program of renewal for selected neighbourhoods to contribute to a sense of community identity and cohesiveness. The selected neighbourhoods that are referred to are those that are identified as most disadvantaged, according to the Socio-Economic Indices for Advantage and Disadvantage (SEIFA), developed by the Australian Bureau of Statistics (ABS). Variables used to calculate such disadvantage include educational attainment, income, occupation, wealth, percentage of Indigenous residents and residents with poor fluency in the English language.
According to the SEIFA analysis, the Penrith LGA has 11 suburbs or rural localities considered to be of relative disadvantage compared with the NSW index. These neighbourhoods include Penrith suburb, Kingswood, Cambridge Park, Werrington, Colyton, North Penrith (including Kingswood Park), Londonderry, Llandilo, Oxley Park, St Marys and North St Marys.
These neighbourhoods are the primary focus of the Neighbourhood Renewal program and continue to be prioritised for the Magnetic Places Community Cultural Grants Funds. However, projects in other suburbs or neighbourhoods within the Penrith LGA are also considered if they are of strong merit and meet the essential criteria.
Principles of the Magnetic Places Community Cultural Grants Program
The principles underpinning the Magnetic Places Community Cultural Grants Program include both place making, and Community Cultural Development (CCD) best practice.
Place making is a term used to describe the process of transforming a public space into a living space. Often this is achieved through creative and collaborative community processes focusing on local issues and residents, to build on community strengths and potential and create public spaces which support people’s health and wellbeing.
Community Cultural Development (CCD), as a term, refers to the approach where community members are guided by experienced artists/practitioners through collaborative artistic and cultural activities. In this process people are creatively engaged and empowered to address particular issues as well as develop new skills, and enhance wellbeing in their communities.
Summary of 2008-09 funded projects
The 2008-09 Magnetic Places Community Cultural Grants Program delivered seven projects spanning eight different localities in established areas. A boxed set of postcards to commemorate these projects was launched on 29 August 2009 in the Joan Sutherland Performing Arts Centre by the Mayor, Cr Jim Aitken OAM. The event included a hip hop dance performance by the One Move One Voice project and was well received with more than 65 people, including the Member for Lindsay, Mr. David Bradbury, the Philippine Consulate General and project participants, in attendance.
The 2008-09 projects and the places they activated were:
· When We Were Kids ( Kingswood Park)
· North St Marys Mural ( North St Marys)
· One Move One Voice ( St Marys)
· Parkour at our Place ( Kingswood Park and Werrington)
· Pathway of Friendship (Oxley Park and Erskine Park)
· The Front Steps ( St Clair)
· A Town Fiesta ( St Marys)
A boxed set of postcards featuring each of the 2007-08 projects to commemorate the 2008-09 Magnetic Places Program were launched in August 2009
Feedback from project participants gives evidence of the contribution the program makes in building community strengths and contributing to a vibrant City: for example, “doing the work ourselves has given us a sense of pride and achievement” (The Front Steps), “..this pathway has become a wonderful meeting place for young and old alike…” (Pathway of Friendship), and “the music and dance were simply contagious…. it made the park alive.” (One Move One Voice).
The success of previous projects have established best practice examples to take the Magnetic Places program to its next level with a greater emphasis on place making, community engagement and wellbeing . The further development of Magnetic Places continues to position Penrith City as an innovator in collaborative community placemaking in Western Sydney.
Magnetic Places Community Cultural Grants Program 2009-10
The Magnetic Places Community Cultural Grants Program 2009-10 was extensively promoted to artists, organisations and residents across Penrith and wider Western Sydney in a cross promotional strategy throughout August, September and October in 2009.
The promotional strategy included:
§ a public launch event,
§ a feature article in the local press,
§ the distribution of 280 promotional postcards,
§ online through Penrith City Council’s website,
§ cultural sector e-bulletins,
§ the Penrith Local Artist Network and the Blacktown Artist Network,
§ local social service networks such as Penrith Youth Interagency and Migrant Interagency,
§ the Artist + Community Toolkit Workshops,
§ a Public Information Session was held and individual application enquiries were assisted over the phone and in meetings with Council staff.
Application forms were available both online on Council’s website and in hardcopy at Penrith Library.
Further information about each of these promotional strategies is outlined in Appendix 1.
Magnetic Places generated a significant positive profile in 2009 and was featured on the front page of the Penrith Press on Friday 4 September 2009.
In the 2009-10 Magnetic Places Community Cultural Grants Program, funding of $35,000 is available to further develop and activate community spaces and meeting places. The Magnetic Places Community Cultural Grants Guidelines stipulate that applicants can apply for grant amounts of $5,000 to $8,000.
Building on the quality of outcomes in previous program years, the current program has increased the grant funds available per project from $5,000 to $8,000 to better support high quality, place making projects. It has been evident in the previous two years that many projects aspired to deliver projects with more intensive processes than the maximum of $5,000 could adequately support. This increase will support successful applicants in following best practice standards, for example, paying facilitators at award rates, extending the length of workshop processes and enabling the purchasing of quality materials.
In line with the increase of grant amounts from $5,000 to $8,000, and the success of the program, the application procedure and guidelines have also become more rigorous. The program received a high level of interest with over 17 application enquiries.
Council has received six applications requesting a total of $45,700 in the 2009-10 Magnetic Places Community Cultural Grants Program funding round.
The requirement that applicants meet the essential criteria with a key focus on placemaking, has possibly resulted in a smaller number of enquiries progressing to submit an application compared with the previous year. It has been noted, this year a higher number of local artists are being engaged on projects than ever before. The majority of applications received are of high quality, well articulated proposals from community organisations and artists in partnership with cultural organisations from greater Western Sydney proposing to develop projects in a range of meeting places across the Penrith LGA.
To support interested applicants an information session was held in the Penrith Library on Thursday 1 October 2009. The information session was extensively advertised across community, arts and cultural networks in Penrith City, and across Western Sydney.
A number of proposals which did not meet the essential funding criteria of the program did not proceed with their application and were redirected to other programs such as the Community Assistance Program (CAP). It was also noted that promising proposals from individual artists did not proceed with a final submission due in all instances to the difficulty of securing an auspice organisation. The investigation of a mechanism to support artists applying in future programs will need to be considered through further training in future Artist + Community Toolkit Workshops, to facilitate links between artists and potential auspice organisations.
During 2009-10 Council officers will continue to pursue opportunities for ongoing funding for the Magnetic Places Community Cultural Grants Program. The program is currently limited to funding projects that are ‘one off’ activities. Whilst ‘one off’ projects continue to inject creative energy and activity into community meeting places, feedback from local organisations indicates that some projects need to evolve and develop over two or three years to reach their full potential. This might also enable organisations receiving a Magnetic Places grant to attract some sponsorship or other funding.
Criteria for Assessing the Applications
The six applications received were carefully assessed against a set of criteria developed to support the effective assessment of applications. The funding criteria are attached in Appendix 2 and were endorsed by Council in 2007 to provide guidance to Council officers in the assessment process.
Assessment of 2009-10 Applications
All applications were assessed against the Magnetic Places Community Cultural Grants Program 2009-10 assessment criteria for eligibility, examining their demonstrated capacity to deliver the Program objectives. Recommendations to fund or not fund applications have been made based on the assessment by Council officers.
To assist the selection process and support good practice assessment procedures, an external representative from the arts and cultural sector, Victoria Kieghery, CEO of Community Cultural Development NSW (CCDNSW), the peak State body for Community Cultural Development, participated in the assessment process.
Applicants were requested to submit letters of support from community partners and at least two names and contact details for two local residents involved in project proposals. This criteria is considered important to demonstrate that the project has strong support within the community. Applicants proposing projects with artists were also required to submit artist biographies and/or examples of their work.
Applications Recommended for Funding
As indicated above, a total of six applications were received. The applications assessed requested a total of $45,700 in funds. Of the six applications, five have been recommended for funding for an adjusted amount in light of the merit of the project and the total funds available. Table 1 below is a summary of the five projects recommended for funding, requesting a total of $35,000.
Table 1 - Recommended List
Recipient/Organisation |
Project |
Funds Allocated |
Nepean Migrant Access (NMA) |
A collaborative community project creating a meeting place with the residents of Berkshire Park, the process including art workshops and a public launch.
|
$7,500 |
Information and Cultural Exchange (ICE)
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A digital storytelling project with young Aboriginal residents to animate the space at Cranebrook Neighbourhood Centre, including workshops culminating in a launch and public screening.
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$7,000 |
Werrington Community Project Inc.
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Creative workshops for Aboriginal and non-Aboriginal residents to tell local stories and produce a community mural to be launched at the Werrington Festival.
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$7,000 |
Dante Barcoma auspiced by Philippine Australian Community Services Inc
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Workshops facilitated by a choreographer and community cultural development worker, for Filipino people and their families to explore issues of health, wellbeing and identity culminating in a final presentation at PVCP.
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$7,000 |
Philippine Language and Cultural Association of Australia Inc (PLCAA) |
A series of workshops in art and sport for young residents in St Marys, with four artists mentoring participants across a range of creative disciplines culminating in a final performance in the Piazza at PVCP.
|
$6,500 |
Total |
$35,000 |
Appendix 3 to this report provides further detail to accompany this table, with a detailed summary of each project and a summary of how the projects address the criteria.
Applications not recommended for Funding
One of the six applications assessed has not been recommended for funding. While this was a promising submission, the applicant failed to address one of the essential criteria. Details of this application are provided in Appendix 4 with the rationale for not recommending funding. Feedback will be provided to the project including suggestions for further development or alternative funding sources.
Support for Successful Projects
Based on the success of the processes undertaken in previous years, following notification of the results of the funding program, staff from the Neighbourhood Renewal program will work with successful applicants, to guide and encourage the integration of place making and CCD processes to achieve the Magnetic Places objectives. This will also include an outline of risk management, access and equity principles, and support for projects to upload their project information onto the Magnetic Places Blog online.
Conclusion
The further development of Magnetic Places will continue to position Penrith City as a leader in developing collaborative place making projects with local communities. In 2009-10, high quality applications were received in regards to place making with strengths also evident in community engagement. The proposals will provide significant opportunity for employment of local artists.
In the 2009-10 Magnetic Places Community Cultural Grants Program funding round Council has received six applications requesting $45,700. An adjustment was made to the budgets of all applications to enable five of the six projects to be recommended for funding, based upon assessment against the criteria.
After careful consideration against the grants program criteria, five projects totalling $35,000 have been recommended for funding. The recommended projects will make a significant contribution to the vibrancy of Penrith City by enhancing community strengths and wellbeing enriching and enlivening public places across the Penrith LGA.
That: 1. The information contained in the report on Magnetic Places Community Cultural Grants Program 2009-2010 be received. 2. The recommended projects listed in Table 1 in this report be approved for funding.
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1. View |
Magnetic Places Promotional Reach |
3 Pages |
Appendix |
2. View |
Magnetic Places Funding Criteria |
1 Page |
Appendix |
3. View |
Magnetic Places Recommended for Funding |
3 Pages |
Appendix |
4. View |
Magnetic Places Not Recommended for Funding |
1 Page |
Appendix |
DELIVERY PROGRAM REPORTS
CONTENTS
Pecuniary Interests
Other Interests
Monday December 14 2009
Item Page
1 Presence of the Public 1
2 Commercial Matter - Leasing of Coffee Shop/General Store within Glenmore Park Child & Family Precinct
3 Commercial Matter - Assignment of Lease of Lakeview General Store at 3-4 Floribunda Avenue Glenmore Park
4 Commercial Matter - Purchase of No.1 Collins Street, St Marys being Lot B DP 38643 3
Ordinary Meeting |
14 December 2009 |
A Leading City |
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1 Presence of the Public
Everyone is entitled to attend a meeting of the Council and those of its Committees of which all members are Councillors, except as provided by Section 10 of the Local Government Act, 1993.
A Council, or a Committee of the Council of which all the members are Councillors, may close to the public so much of its meeting as comprises:
(a) the discussion of any of the matters listed below; or
(b) the receipt or discussion of any of the information so listed.
The matters and information are the following:
(a) personnel matters concerning particular individuals;
(b) the personal hardship of any resident or ratepayers;
(c) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business;
(d) commercial information of a confidential nature that would, if disclosed:
· prejudice the commercial position of the person who supplied it; or
· confer a commercial advantage on a competitor of the Council; or
· reveal a trade secret.
(e) information that would, if disclosed, prejudice the maintenance of the law;
(f) matters affecting the security of the Council, Councillors, Council staff or Council property;
(g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.
The grounds on which part of a meeting is closed must be stated in the decision to close that part of the meeting and must be recorded in the minutes of the meeting.
The grounds must specify the following:
(a) the relevant provision of section 10A(2);
(b) the matter that is to be discussed during the closed part of the meeting;
(c) the reasons why the part of the meeting is being closed, including (if the matter concerned is a matter other than a personnel matter concerning particular individuals, the personal hardship of a resident or ratepayer or a trade secret) an explanation of the way in which discussion of the matter in open meeting would be, on balance, contrary to the public interest.
Members of the public may make representations at a Council or Committee Meeting as to whether a part of a meeting should be closed to the public
The process which should be followed is:
· a motion, based on the recommendation below, is moved and seconded
· the Chairperson then asks if any member/s of the public would like to make representations as to whether a part of the meeting is closed to the public
· if a member/s of the public wish to make representations, the Chairperson invites them to speak before the Committee makes its decision on whether to close the part of the meeting or not to the public.
· if no member/s of the public wish to make representations the Chairperson can then put the motion to close the meeting to the public.
The first action is for a motion to be moved and seconded based on the recommendation below.
RECOMMENDATION
That:
A Leading City
2 Commercial Matter - Leasing of Coffee Shop/General Store within Glenmore Park Child & Family Precinct
This item has been referred to Committee of the Whole as the report refers to commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret and discussion of the matter in open meeting would be, on balance, contrary to the public interest.
3 Commercial Matter - Assignment of Lease of Lakeview General Store at 3-4 Floribunda Avenue Glenmore Park
This item has been referred to Committee of the Whole as the report refers to information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business and discussion of the matter in open meeting would be, on balance, contrary to the public interest.
4 Commercial Matter - Purchase of No.1 Collins Street, St Marys being Lot B DP 38643
This item has been referred to Committee of the Whole as the report refers to information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business and discussion of the matter in open meeting would be, on balance, contrary to the public interest.
ATTACHMENTS
Date of Meeting: Monday 14 December 2009
Delivery Program: A Leading City
Issue: We demonstrate accountability, transparency and ethical conduct
Report Title: Preparations and Financial Settings for the 2010-2011 Operational Plan
Attachments: Annual Budget Guidelines - Councillors
ATTACHMENTS
Date of Meeting: Monday 14 December 2009
Delivery Program: A Leading City
Issue: We demonstrate leadership, and plan responsibly for now and the future
Report Title: Amendments to the Fees & Charges - St Marys Memorial Hall and Glenmore Park Child and Family Centre
Attachments: St Marys Memorial Hall
Glenmore Park Child and Family Centre